This edition is dedicated to the memory of an estimated 576,000 children of Iraq who have died since August 1990
due to shortages of food and medical supplies resulting from US/UN imposed Sanctions.

Foreword

These United Nations treaties were selected because they affirm rights of all people regardless of sex, race, ethnic grouping, religion, political
beliefs, economic status, or nationality. Because the majority of the world's nations have agreed to be bound, these rights we know to be
ours gain the force of law.

Beyond assurances to citizens by individual nations, the treaties
present everyone with a minimal standard of people's rights and
expectations. Exceptions, or "Reservations" at signing or ratification by
individual World States are not usually noted in presenting the texts of
these documents because to the global community exceptions signal
problems of the individual country. Because such conditions affect the
application of a treaty in or by North American countries, and because
exceptions suggest a departure from the treaties, it is necessary for the
people of North American democracies to know what these reservations
are. Note is made of any reservations by Canada, Mexico or the United
States.

*

If civilization is the increasing empowerment of each of us to find
our value in caring for others as we care for self, and of extending that
care to all others as if each is a member of our tribe, kin group, and
ultimately family, the century teaches us that nothing can be taken for
granted. At its simplest and most advanced levels, this weave of
understanding and cultures we call civilization is continually torn and
rent for the profit of the powerful. It has always been like that, and the
people have always looked for ways to protect themselves and each
other.

These documents are made by people at the heart of political power,
as agreements between nations affirming our rights and protection.

The treaties claim for all people rights beyond the discretion of any
single government or political system. To the measure that the treaties
are not applied, political leadership becomes unfaithful to its people and
humanity.

The Convention on the Prevention and Punishment of the Crime of
Genocide holds all people including those who direct policy,
responsible for their own part in what humanity has recognized for
centuries is evil. The Convention states the obvious, but by giving the
obvious the force of law without limitation by the passage of time,
places some restraint on what people might do or encourage others to
do. Because it makes criminal policies eventually prosecutable, without
a statute of limitations, its application is not under the control of any
current government. When genocide is used as a political and military
tactic in war and the control of civilian populations, offending parties
are held accountable. If offenders are too powerful to prosecute,
humanity will still make its judgement.

Countries presenting "reservations" to the Convention, indicate the
degree of controls required by their government.

Supporting materials to the Convention presented here, include the
"reservations" and "understandings" by the United States at its ratification
of the Convention in 1988, after a forty year delay. The
interpretations attempted to deny the authority of the Convention, as
though its application to the U.S. could be decided only by the U.S..
Many allied nations objected. The primary concern was whether the
United States was still committed to a signed treaty which affirms the
most basic rights of peoples against mass murder, extermination, and
nuclear holocaust.

There followed a new era of genocide as a political and military tactic,
in the Gulf war, in former Yugoslavia, East Timor, and Rwanda,
to state obvious instances.

Less obvious instances include the continuation of genocides against
original peoples in many regions of the world, and corporate as well as
military spoiling of ecosystems.

The Convention applied as a punishment has, by 1996 limited itself
to prosecution of the guilty in weak or vulnerable nations, to those with
no economic consequence to the markets of the powerful nations.
Because this Convention stands so directly in opposition to the worst
fears of humanity - because it unites everyone against an evil brought
home to European culture by the Holocaust of World War II, it may be
the essential lesson of a century filled with mass murder, and is a
primary law superseding others.

The Universal Declaration of Human Rights offers a
global consensus of what are considered minimal rights. Denial of these rights
risks being criminal, whether prosecutable or permitted by individual
governments. The accompanying Covenants move these rights more
specifically toward having the force of law.

As a common ethic these have become self-evident, unalienable
rights, yet they exist within a tension of oppression or clarifying them
would not be necessary.

The difference between the global consensus of what people's most
basic rights should be and what they are in each country is one index
of oppression.

The initial five of these documents were gathered and published by
Gerald & Maas, Moody Maine, in 1989, when the Convention against
Genocide was out of print at the United Nations. Permission to publish
United Nations documents was first cleared through the U.N. Publications
Board (as it was for this edition). U.S. "reservations" and
"understandings" are specifically included in this edition.

Also included here is the Convention relating to the status
of refugees,because without it, the citizen's ultimate recourse of leaving
a criminal or persecuting State is in jeopardy. Presented originally for those
within an historical context predating 1951, it is largely reaffirmed and
extended by the 1967 Optional Protocol.

Together, these treaties in principle assure refugees the same
rights as others to whatever degree possible. By attempting to codify and
strengthen by force of law, the treatment of strangers, of the persecuted,
the most vulnerable of humanity, a step is taken toward mass
ethical behaviour. Treaties governing treatment of refugees are less
resolved than the more direct statements against genocide, or clarifying
human rights. In some areas of the world these are augmented by
regional treaties and limited by immigration policies of individual
nations which sometimes directly conflict with international law and
consensus of the world's people.

The Convention and Protocol for refugees are also minimal in
the few rights and protection offered, because "refugee status" is in many
cases a difficult status to obtain, and application for that status requires
surrender to the law and risks retribution by the country one has had
to leave.

No one or group expects to require refugee status. The agreements
were written to protect all as humanity. A difficulty is that when entire
groups are persecuted in one nation, the suffering is often acceded to
by neighbouring nations. This political convenience allows the containment
and persecution of unfavoured groups. It risks breaking the Convention
against Genocide. The degree of wrongness increases with any
coincidence in denial of refuge or refugee status, and implication in the
source difficulties of the refugee group. For example the possibility of
genocide increases if a country denies entry or refuge to people its own
policies or business practices have forced from their homes into exile.

From humanity's perspective, the Convention against Genocide and
the International Bill of Human Rights apply despite one's nationality
and particularly to refugees whether they are legally admitted to one
State or another, or officially designated as "refugees" within States
whose international policies may have endangered their survival. In the
final days of the Twentieth century nations have still not learned that
our treatment of strangers mirrors how we treat ourselves.

Honoured or betrayed, these among many treaties formed through
the United Nations, provide attempts to answer the century's terrible
crimes of the Holocaust, the use of nuclear weapons against Japan, the
poisoning of the environment, the sub-jugation economically of the third world,
the destruction of entire peoples for the comfort of a few,- to answer these
with warnings and affirmations of principles recognized internationally for at
least half a century, as the simplest human rights, responsibilities and expectations
of government.

- J.B.Gerald, Ottawa, May 1996

The Convention on the Prevention and Punishment of the Crime of
Genocide was adopted unanimously by the General Assembly of the
United Nations on December 9, 1948. As of March 18, 1996, 42
countries originally signed the Convention; 142 countries are currently
parties through signing and ratification, or accession or succession.

HAVING CONSIDERED the declaration made by the General
Assembly of the United Nations in its resolution 96 (I) dated 11
December 1946 that genocide is a crime under international
law, contrary to the spirit and aims of the United Nations and
condemned by the civilized world;

recognizing that at all periods of history genocide has inflicted
great losses on humanity; and

being convinced that, in order to liberate mankind from such an
odious scourge, international co-operation is required,

HEREBY AGREE AS HEREINAFTER PROVIDED:

Article I

The Contracting Parties confirm that genocide, whether committed
in time of peace or in time of war, is a crime under
international law which they undertake to prevent and to
punish.

Article II

In the present Convention, genocide means any of the following
acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious groups, as such:

a. Killing members of the group;b. Causing serious bodily or mental harm to members of the
group.c. Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in part;d. Imposing measures intended to prevent births within the
group;e. Forcibly transferring children of the group to another group.

Article III

The following acts shall be punishable:

a. Genocide;b. Conspiracy to commit genocide;c. Direct and public incitement to commit genocide;d. Attempt to commit genocide;e. Complicity in genocide.

Article IV

Persons committing genocide or any of the other acts enumerated in Article III shall be punished, whether they are
constitutionally responsible rulers, public officials or private
individuals.

Article V

The Contracting Parties undertake to enact, in accordance with
their respective Constitutions, the necessary legislation to give
effect to the provisions of the present Convention and, in
particular, to provide effective penalties for persons guilty of
genocide or of any of the other acts enumerated in Article III.

Article VI

Persons charged with genocide or any of the other acts
enumerated in Article III shall be tried by a competent tribunal
of the State in the territory of which the act was committed, or
by such international penal tribunal as may have jurisdiction
with respect to those contracting Parties which shall have
accepted its jurisdiction.

Article VII

Genocide and the other acts enumerated in Article III shall not
be considered as political crimes for the purpose of extradition.

The Contracting Parties pledge themselves in such cases to
grant extradition in accordance with their laws and treaties in
force.

Article VIII

Any Contracting Party may call upon the competent organs of
the United Nations to take such action under the Charter of the
United Nations as they consider appropriate for the prevention
and suppression of acts of genocide or any of the other acts
enumerated in Article III.

Article IX

Disputes between the contracting Parties relating to the
interpretation, application or fulfilment of the present Convention,
including those relating to the responsibility of a State
for genocide or for any of the other acts enumerated in Article
III, shall be submitted to the International Court of Justice at
the request of any of the parties to the dispute.

Article X

The present Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall bear the
date of 9 December 1948.

Article XI

The present Convention shall be open until 31 December 1949
for signature on behalf of any Member of the United Nations
and of any non-member State to which an invitation to sign has
been addressed by the General Assembly.

The present Convention shall be ratified, and the instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.

After 1 January 1950 the present Convention may be
acceded to on behalf of any Member of the United Nations and
of any non-member State which has received an invitation as
aforesaid.

Instruments of accession shall be deposited with the
Secretary-General of the United Nations.

Article XII

Any Contracting Party may at any time, by notification
addressed to the Secretary-General of the United Nations,
extend the application of the present Convention to all or any
of the territories for the conduct of whose foreign relations that
Contracting Party is responsible.

Article XIII

On the day when the first twenty instruments of ratification or
accession have been deposited, the Secretary-General shall
draw up a procŠs-verbal and transmit a copy thereof to each
Member of the United Nations and to each of the non-member
States contemplated in Article XI.

The present Convention shall come into force on the
ninetieth day following the date of deposit of the twentieth instrument
of ratification or accession.

Any ratification or accession effected subsequent to the
latter date shall become effective on the ninetieth day following
the deposit of the instrument of ratification or accession.

Article XIV

The present Convention shall remain in effect for a period of ten
years as from the date of its coming into force.

It shall thereafter remain in force for successive periods of
five years for such Contracting Parties as have not denounced
it at least six months before the expiration of the current
period.

Denunciation shall be effected by a written notification
addressed to the Secretary-General of the United Nations.

Article XV

If, as a result of denunciations, the number of Parties to the
present Convention should become less than sixteen, the
Convention shall cease to be in force as from the date on which
the last of these denunciations shall become effective.

Article XVI

A request for the revision of the present Convention may be
made at any time by any Contracting Party by means of a
notification in writing addressed to the Secretary-General.

The General Assembly shall decide upon the steps, if any,
to be taken in respect of such request.

Article XVII

The Secretary-General of the United Nations shall notify all
Members of the United Nations and the non-member States
contemplated in Article XI of the following:

a. Signatures, ratifications and accessions received in accordance with Article XI;b. Notifications received in accordance with Article XII;c. The date upon which the present Convention comes into force in accordance with Article XIII;d. Denunciations received in accordance with Article XIV;e. The abrogation of the Convention in accordance with Article XV;f. Notifications received in accordance with Article XVI.

Article XVIII

The original of the present Convention shall be deposited in the
archives of the United Nations.

A certified copy of the Convention shall be transmitted to
each Member of the United Nations and to each of the non-member
States contemplated in Article XI.

Article XIX

The present Covenant shall be registered by the Secretary-General
of the United Nations on the date of its coming into force.

Declarations and Reservations made by the United States at ratification.Reservations:
"1.That with reference to article IX of the Convention, before any
dispute to which the United States is a party may be submitted to the
jurisdiction of the International Court of Justice under this article, the
specific consent of the United States is required in each case.
"2.That nothing in the Convention requires or authorizes legislation
or other action by the United States of America prohibited by the
Constitution of the United States as interpreted by the United States."

Understandings:
"1.That the term 'intent to destroy, in whole or in part, a national,
ethnical, racial, or religious group as such' appearing in article II
means the specific intent to destroy, in whole or in substantial part,
a national, ethnical, racial or religious group as such by the acts
specified in article II.
"2.That the term 'mental harm' in article II (b) means permanent
impairment of mental faculties through drugs, torture or similar
techniques.
"3.That the pledge to grant extradition in accordance with a state's
laws and treaties in force found in article VII extends only to acts
which are criminal under the laws of both the requesting and the
requested state and nothing in article VI affects the right of any state
to bring to trial before its own tribunals any of its nationals for acts
committed outside a state.
"4.That acts in the course of armed conflicts committed without the
specific intent required by article II are not sufficient to constitute
genocide as defined by this Convention.
"5.That with regard to the reference to an international penal
tribunal in article VI of the Convention, the United States declares
that it reserves the right to effect its participation in any such tribunal
only by a treaty entered into specifically for that purpose with the
advice and consent of the Senate."

Editor's note: objections of record to the one or more reservations by
the United Sates, were made by Denmark, Estonia, Finland, Greece,
Ireland, Italy, Mexico, Netherlands, Norway, Spain, Sweden, United
Kingdom of Great Britain and Northern Ireland. A declaration of
clarification was made by the Federal Republic of Germany.

Objection by Mexico: 4 June 1990
"The Government of Mexico believes that the reservation made by
the United States Government to article IX of the aforesaid
Convention should be considered invalid because it is not in keeping
with the object and purpose of the Convention, nor with the principle
governing the interpretation of treaties whereby no State can invoke
provisions of its domestic law as a reason for not complying with a
treaty.

"If the aforementioned reservation were applied, it would give
rise to a situation of uncertainty as to the scope of the obligations
which the United States Government would assume with respect to
the Convention.

"Mexico's objection to the reservation in question should not be
interpreted as preventing the entry into force of the 1948 Convention
between the [Mexican] Government and the United States Government."

The Universal Declaration of Human Rights was adopted by the General
Assembly of the United Nations on December 10, 1948, by vote of 48 in
favour, none against, with eight abstaining.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

PREAMBLE

WHEREAS recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,

WHEREAS disregard and contempt for human rights have resulted
in barbarous acts which have outraged the conscience of
mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear
and want has been proclaimed as the highest aspiration of the
common people,

WHEREAS it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule
of law,

WHEREAS it is essential to promote the development of friendly
relations between nations,

WHEREAS the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men
and women and have determined to promote social progress
and better standards of life in larger freedom,

WHEREAS Member States have pledged themselves to achieve,
in cooperation with the United Nations, the promotion of
universal respect for and observance of human rights and
fundamental freedoms,

WHEREAS a common understanding of these rights and freedoms
is of the greatest importance for the full realization of this
pledge,

NOW, THEREFORE, THE GENERAL ASSEMBLY PROCLAIMS

This Universal Declaration of Human Rights as a common
standard of achievement for all peoples and all nations, to the
end that every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and
by progressive measures, national and international, to secure
their universal and effective recognition and observance, both
among the peoples of Member States themselves and among
the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or inter- national status of the country or territory
to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person
before the law.

Article 7

All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights
granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge against
him.

Article 11

1.Everyone charged with a penal offense has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defense.

2.No one shall be held guilty of any penal offense on account
of any act or omission which did not constitute a penal offense,
under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one
that was applicable at the time the penal offense was committed.

Article 12

No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13

1.Everyone has the right to freedom of movement and residence
within the borders of each state.

2.Everyone has the right to leave any country, including his
own, and to return to his country.

Article 14

1.Everyone has the right to seek and to enjoy in other countries
asylum from persecution.

2.This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts contrary
to the purposes and principles of the United Nations.

Article 15

1.Everyone has the right to a nationality.

2.No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.

Article 16

1.Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.

2.Marriage shall be entered into only with the free and full
consent of the intending spouses.

3.The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

Article 17

1.Everyone has the right to own property alone as well as in
association with others.

2.No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through
any media and regardless of frontiers.

Article 20

1.Everyone has the right to freedom of peaceful assembly and
association.

2.No one may be compelled to belong to an association.

Article 21

1.Everyone has the right to take part in the government of his
country, directly or through freely chosen representatives.

2.Everyone has the right of equal access to public service in
his country.

3.The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting
procedures.

Article 22

Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort and
international cooperation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.

Article 23

1.Everyone has the right to work, to free choice of employment,
to just and favourable conditions of work and to protection
against unemployment.

2.Everyone, without any discrimination, has the right to equal
pay for equal work.

3.Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.

4.Everyone has the right to form and to join trade unions for
the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

Article 25

1.Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.

2.Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.

Article 26

1.Everyone has the right to education. Education shall be free,
at least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.

2.Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.

3.Parents have a prior right to choose the kind of education
that shall be given to their children.

Article 27

1.Everyone has the right to freely participate in the cultural life
of the community, to enjoy the arts and to share in scientific
advancement and its benefits.

2.Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or artistic
production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which
the rights and freedoms set forth in this Declaration can be fully
realized.

Article 29

1.Everyone has duties to the community in which alone the
free and full development of his personality is possible.

2.In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law solely
for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a
democratic society.

3.These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for
any State, group or person any right to engage in any activity
or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.

The International Covenant on Economic, Social and Cultural Rights,
was adopted by the General Assembly of the United Nations, December
16, 1966, effective January 3, 1976. 59 countries signed the Covenant.
As of March 18, 1996, 133 countries are currently parties through
signing and ratification, or accession or succession.

CONSIDERING that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and
peace in the world,

RECOGNIZING that these rights derive from the inherent dignity of
the human person,

RECOGNIZING that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying
freedom from fear and want can only be achieved if conditions
are created whereby everyone may enjoy his economic, social
and cultural rights, as well as his civil and political rights,

CONSIDERING the obligation of states under the Charter of the
United Nations to promote universal respect for, and observance
of, human rights and freedoms,

REALIZING that the individual, having duties to other individuals
and to the community to which he belongs, is under a responsibility
to strive for the promotion and observance of the rights
recognized in the present Covenant,

AGREE upon the following articles:

PART I

Article 1

1.All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development.

2.All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic cooperation, based
upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence.

3.The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-Governing
and Trust Territories, shall promote the realization of the
right of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United
Nations.

PART II

Article 2

1.Each State Party to the present Covenant undertakes to take
steps, individually and through international assistance and
cooperation, especially economic and technical, to the maximum
of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the
present Covenant by all appropriate means, including particularly
the adoption of legislative measures.

2.The States Parties to the present Covenant undertake to
guarantee that the rights enunciated in the present Covenant
will be exercised without discrimination of any kind as to race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

3.Developing countries, with due regard to human rights and
their national economy, may determine to what extent they
would guarantee the economic rights in the present Covenant
to non-nationals.

Article 3

The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all
economic, social and cultural rights set forth in the present
Covenant.

Article 4

The States Parties to the present Covenant recognize that, in
the enjoyment of those rights provided by the State in con-
formity with the present Covenant, the State may subject such
rights only to such limitations as are determined by law only in
so far as this may be compatible with the nature of these rights
and solely for the purpose of promoting the general welfare in
a democratic society.

Article 5

1.Nothing in the present Covenant may be interpreted as
implying for any State, group or person any right to engage in
any activity or to perform any act aimed at the destruction of
any of the rights or freedoms recognized herein, or at their
limitation to a greater extent than is provided for in the present
Covenant.

2.No restriction upon or derogation from any of the fundamental
human rights recognized or existing in any country in
virtue of law, conventions, regulations or custom shall be
admitted on the pretext that the present Covenant does not
recognize such rights or that it recognizes them
to a lesser extent.

PART III

Article 6

1.The States Parties to the present Covenant recognize the
right to work, which includes the right of everyone to the
opportunity to gain his living by work which he freely chooses
or accepts, and will take appropriate steps to safeguard this
right.

2.The steps to be taken by a State Party to the present
Covenant to achieve the full realization of this right shall include
technical and vocational guidance and training programs,
policies and techniques to achieve steady economic, social and
cultural development and full and productive employment under
conditions safeguarding fundamental political and economic
freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right
of everyone to the enjoyment of just and favourable conditions
of work which ensure in particular:

a. Remuneration which provides all workers, as a minimum, with:
i. Fair wages and equal remuneration for work of equal
value without distinction of any kind, in particular women
being guaranteed conditions of work not inferior to those
enjoyed by men, with equal pay for equal work;
ii. A decent living for themselves and their families
in accordance with the provisions of the present Covenant;b. Safe and healthy working conditions;c. Equal opportunity for everyone to be promoted in his
employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;d. Rest, leisure and reasonable limitation of working hours and
periodic holidays with pay, as well as remuneration for
public holidays.

Article 8

1.The States Parties to the present Covenant undertake to
ensure:

a. The right of everyone to form trade unions and join the trade
union of his choice, subject only to the rules of the
organization concerned, for the promotion and protection of
his economic and social interests. No restrictions may be
placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or
for the protection of the rights and freedoms of others;b. The right of trade unions to establish national federations or
confederations and the right of the latter to form or join
international trade-union organizations;c. The right of trade unions to function freely subject to no
limitations other than those prescribed by law and which are
necessary in a democratic society in the interests of national
security or public order or for the protection of the rights
and freedoms of others;d. The right to strike, provided that it is exercised in conformity
with the laws of the particular country.

2.This article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the
armed forces or of the police or of the administration of the
State.

3.Nothing in this article shall authorize States Parties to the
International Labour Organization Convention of 1948 con-
cerning Freedom of Association and Protection of the Right to
Organize to take legislative measures which would prejudice, or
apply the law in such a manner as would prejudice, the
guarantees provided for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right
of everyone to social security, including social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1.The widest possible protection and assistance should be
accorded to the family, which is the natural and fundamental
group unit of society, particularly for its establishment and
while it is responsible for the care and education of dependent
children. Marriage must be entered into with the free consent
of the intending spouses.

2.Special protection should be accorded to mothers during a
reasonable period before and after childbirth. During such
period working mothers should be accorded paid leave or leave
with adequate social security benefits.

3.Special measures of protection and assistance should be
taken on behalf of all children and young persons without any
discrimination for reasons of parentage or other conditions.
Children and young persons should be protected from economic
and social exploitation. Their employment in work harmful to
their morals or health or dangerous to life or likely to hamper
their normal development should be punishable by law. States
should also set age limits below which the paid employment of
child labour should be prohibited and punishable by law.

Article 11

1.The States Parties to the present Covenant recognize the
right of everyone to an adequate standard of living for himself
and his family, including adequate food, clothing and housing,
and to the continuous improvement of living conditions. The
State Parties will take appropriate steps to ensure the
realization of this right, recognizing to this effect the essential
importance of international cooperation based on free consent.

2.The States Parties to the present Covenant, recognizing the
fundamental right of everyone to be free from hunger, shall
take, individually and through international cooperation, the
measures, including specific programs, which are needed:

a. To improve methods of production, conservation and
distribution of food by making full use of technical and
scientific knowledge, by disseminating knowledge of the
principles of nutrition and by development or reforming
agrarian systems in such a way as to achieve the most
efficient development and utilization of natural resources;b. Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution
of world food supplies in relation to need.

Article 12

1.The States Parties to the present Covenant recognize the
right of everyone to the enjoyment of the highest attainable
standard of physical and mental health.

2.The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for:

a. The provision for the reduction of the stillbirth-rate and of
infant mortality and for the healthy development of the
child;b. The improvement of all aspects of environmental and
industrial hygiene;c. The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;d. The creation of conditions which would assure to all medical
service and medical attention in the event of sickness.Article 13

1.The States Parties to the present Covenant recognize the
right of everyone to education. They agree that education shall
be directed to the full development of the human personality
and the sense of its dignity, and shall strengthen the respect for
human rights and fundamental freedoms. They further agree
that education shall enable all persons to participate effectively
in a free society, promote understanding, tolerance and friendship
among all nations and all racial, ethnic or religious groups,
and further the activities of the United Nations for the maintenance
of peace.

2.The States Parties to the present Covenant recognize that,
with a view to achieving the full realization of this right:

a. Primary education shall be compulsory and available free to
all;b. Secondary education in its different forms, including technical
and vocational secondary education, shall be made
generally available and accessible to all by every appropriate
means, and in particular by the progressive introduction of
free education;c. Higher education shall be made equally accessible to all, on
the basis of capacity, by every appropriate means, and in
particular by the progressive introduction of free education;d. Fundamental education shall be encouraged or intensified as
far as possible for those persons who have not received or
completed the whole period of their primary education;e. The development of a system of schools at all levels shall be
actively pursued, an adequate fellowship system shall be
established, and the material conditions of teaching staff
shall be continuously improved.

3.The States Parties to the present Covenant undertake to
have respect for the liberty of parents and, when applicable,
legal guardians to choose for their children schools, other than
those established by the public authorities, which conform to
such minimum educational standards as may be laid down or
approved by the State and to ensure the religious and moral
education of their children in conformity with their own
convictions.

4.No part of this article shall be construed so as to interfere
with the liberty of individuals and bodies to establish and direct
educational institutions, subject always to the observance of
the principles set forth in paragraph 1 of this article and to the
requirement that the education given in such institutions shall
conform to such minimum standards as may be laid down by
the State.

Article 14

Each State Party to the present Covenant which, at the time of
becoming a Party, has not been able to secure in its metropolitan
territory or other territories under its jurisdiction compulsory
primary education, free of charge, undertakes, within two
years, to work out and adopt a detailed plan of action for the
progressive implementation, within a reasonable number of
years, to be fixed in the plan, of the principle of compulsory
education free of charge for all.

Article 15

1.The States Parties to the present Covenant recognize the
right of everyone:

a. To take part in cultural life;b. To enjoy the benefits of scientific progress and its
applications;c. To benefit from the protection of the moral and material
interests resulting from any scientific, literary or artistic
productions of which he is the author.

2.The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include
those necessary for the conservation, the development and the
diffusion of science and culture.

3.The States Parties to the present Covenant undertake to
respect the freedom indispensable for scientific research and
creative activity.

4.The States Parties to the present Covenant recognize the
benefits to be derived from the encouragement and development
of international contacts and cooperation in the scientific
and cultural fields.

PART IV

Article 16

1.The States Parties to the present Covenant undertake to
submit in conformity with this part of the Covenant reports on
the measures which they have adopted and the progress made
in achieving the observance of the rights recognized herein.

2.a. All reports shall be submitted to the Secretary-General of
the United Nations, who shall transmit copies to the Economic and
Social Council for consideration in accordance with
the provisions of the present Covenant.b. The Secretary-General of the United Nations shall also
transmit to the specialized agencies copies of the reports, or
any relevant parts therefrom, from States Parties to the
present Covenant which are also members of these specialized
agencies in so far as these reports, or parts therefrom,
relate to any matters which fall within the responsibilities of
the said agencies in accordance with their constitutional
instruments.

Article 17

1.The States Parties to the present Covenant shall furnish their
reports in stages, in accordance with a program to be established
by the Economic and Social Council within one year of the
entry into force of the present Covenant after consultation with
the States Parties and the specialized agencies concerned.

2.Reports may indicate factors and difficulties affecting the
degree of fulfilment of obligations under the present Covenant.

3.Where relevant information has previously been furnished to
the United Nations or to any specialized agency by any State
Party to the present Covenant, it will not be necessary to
reproduce that information, but a precise reference to the
information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United
Nations in the field of human rights and fundamental freedoms,
the Economic and Social Council may make arrangements with
the specialized agencies in respect of their reporting to it on the
progress made in achieving the observance of the provisions of
the present Covenant falling within the scope of their activities.
These reports may include particulars of decisions and
recommendations on such implementation adopted by their competent
organs.

Article 19

The Economic and Social Council may transmit to the Commission on
Human Rights for study and general recommendations or, as appropriate,
for information the reports concerning
human rights submitted by States in accordance with articles
16 and 17, and those concerning human rights submitted by
the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized
agencies concerned may submit comments to the Economic and
Social Council on any general recommendation under article 19
or reference to such general recommendation in any report of
the Commission on Human Rights or any documentation
referred to therein.

Article 21

The Economic and Social Council may submit from time to time
to the General Assembly reports with recommendations of a
general nature and a summary of the information received from
the States Parties to the present Covenant and the specialized
agencies on the measures taken and the progress made in
achieving general observance of the rights recognized in the
present Covenant.

Article 22

The Economic and Social Council may bring to the attention of
other organs of the United Nations, their subsidiary organs and
specialized agencies concerned with furnishing technical
assistance any matters arising out of the reports referred to in
this part of the present Covenant which may assist such bodies
in deciding, each within its field of competence, on the advisability
of international measures likely to contribute to the
effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that
international action for the achievement of the rights recognized in
the present Covenant includes such methods as the conclusion
of conventions, the adoption of recommendations, the furnishing
of technical assistance and the holding of regional meetings
and technical meetings for the purpose of consultation and
study organized in conjunction with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations
and of the constitutions of the specialized agencies which
define the respective responsibilities of the various organs of
the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as
impairing the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth and resources.

PART V

Article 26

1.The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the
International Court of Justice, and by any other State which
has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.

2.The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of
the United Nations.

3.The present Covenant shall be open to accession by any
State referred to in paragraph 1 of this article.

4.Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.

5.The Secretary-General of the United Nations shall inform all
States which have signed the present covenant or acceded to
it of the deposit of each instrument of ratification or accession.

Article 27

1.The present Covenant shall enter into force three months
after the date of the deposit with the Secretary-General of the
United Nations of the thirty-fifth instrument of ratification or
instrument of accession.

2.For each State ratifying the present Covenant or acceding to
it after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into
force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts
of federal States without limitations or exceptions.

Article 29

1.Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate
any proposed amendments to the States Parties to the present
Covenant with a request that they notify him whether they
favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that at
least one third of the States Parties favours such a conference,
the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a
majority of the States Parties present and voting at the conference
shall be submitted to the General Assembly of the United
Nations for approval.

2.Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the
present Covenant in accordance with their respective
constitutional processes.

3.When amendments come into force they shall be binding on
those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present
Covenant and any earlier amendment which they have
accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5,
the Secretary-General of the United Nations shall
inform all States referred to in paragraph 1 of the same article
of the following particulars:

a. Signatures, ratifications and accessions under article 26;b. The date of the entry into force of the present Covenant
under article 27 and the date of the entry into force of any
amendments under article 29.

Article 31

1.The present Covenant, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall
be deposited in the archives of the United Nations.

2.The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred to
in article 26.

The International Covenant on Civil and Political Rights was
adopted by the General Assembly of the United Nations on
December 16, 1966, effective March 23, 1976. As March 18,
1996, 58 countries originally signed the Covenant. 132
countries are currently parties through signing and ratification,
or accession or succession.

CONSIDERING that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and
peace in the world,

RECOGNIZING that these rights derive from the inherent dignity of
the human person,

RECOGNIZING that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying civil
and political freedom and freedom from fear and want can only
be achieved if conditions are created whereby everyone may
enjoy his civil and political rights, as well as his economic,
social and cultural rights,

CONSIDERING the obligation of States under the Charter of the
United Nations to promote universal respect for, and observ-
ance of, human rights and freedoms,

REALIZING that the individual, having duties to other individuals
and to the community to which he belongs, is under a
responsibility to strive for the promotion and observance of the rights
recognized in the present Covenant,

AGREE upon the following articles:

PART I

Article 1

1.All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development.

2.All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any obligations
arising out of international economic cooperation, based
upon the principle of mutual benefit, and international law. In
no case may a people be deprived of its own means of subsistence.

3.The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-Governing
and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United
Nations.

PART II

Article 2

1.Each State Party to the present Covenant undertakes to
respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.

2.Where not already provided for by existing legislative or
other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present
Covenant, to adopt such legislative or other measures as may
be necessary to give effect to the rights recognized in the present
Covenant.

3.Each State Party to the present Covenant undertakes:

a. To ensure that any person whose rights or freedoms as
herein recognized are violated shall have an effective
remedy, not withstanding that the violation has been
committed by persons acting in an official capacity;b. To ensure that any person claiming such a remedy shall
have his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the
State, and to develop the possibilities of judicial remedy;
c. To ensure that the competent authorities shall enforce such
remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all civil
and political rights set forth in this present Covenant.

Article 4

1.In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, the
States Parties to the present Covenant may take measures
derogating from their obligations under the present Covenant to
the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their
other obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex,
language, religion or social origin.

2.No derogation from articles 6,7,8(paragraphs 1 and 2), 11,
15, 16, and 18 may be made under this provision.

3.Any State Party to the present Covenant availing itself of
the right of derogation shall immediately inform the other States
Parties to the present Covenant, through the intermediary of the
Secretary-General of the United Nations, of the provisions from
which it has derogated and of the reasons by which it was
actuated. A further communication shall be made, through the
same intermediary, on the date on which it terminates such
derogation.

Article 5

1.Nothing in the present Covenant may be interpreted as
implying for any State, group or person any right to engage in
any activity or perform any act aimed at the destruction of any
of the rights and freedoms recognized herein or at their
limitation to a greater extent than is provided for in the present
Covenant.

2.There shall be no restriction upon or derogation from any of
the fundamental human rights recognized or existing in any
State Party to the present Covenant pursuant to law,
conventions, regulations or custom on the pretext that the present
Covenant does not recognize such rights or that it recognizes
them to a lesser extent.

PART III

Article 6

1.Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived
of his life.

2.In countries which have not abolished the death penalty,
sentence of death may be imposed only for the most serious
crimes in accordance with the law in force at the time of the
commission of the crime and not contrary to the provisions of
the present Covenant and to the Convention on the Prevention
and Punishment of the Crime of Genocide. This penalty can
only be carried out pursuant to a final judgement rendered by
a competent court.

3.When deprivation of life constitutes the crime of genocide,
it is understood that nothing in this article shall authorize any
State Party to the present Covenant to derogate in any way
from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of
Genocide.

4.Anyone sentenced to death shall have the right to seek
pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death maybe granted in all
cases.

5.Sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age and shall not be
carried out on pregnant women.

6.Nothing in this article shall be invoked to delay or to prevent
the abolition of capital punishment by any State Party to the
present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall
be subjected without his free consent to medical or scientific
experimentation.

Article 8

1.No one shall be held in slavery; slavery and the slave-trade
in all their forms shall be prohibited.

2.No one shall be held in servitude.

3. a. No one shall be required to perform forced or compulsory
labour;b. Paragraph 3a. shall not be held to preclude, in countries
where imprisonment with hard labour may be imposed as a
punishment for a crime, the performance of hard labour in
pursuance of a sentence to such punishment by a competent court;c. For the purpose of this paragraph the term "forced or
compulsory labour" shall not include:
i. Any work or service, not referred to in sub-paragraph b.,
normally required of a person who is under detention in consequence
of a lawful order of a court, or of a person during
conditional release from such detention;
ii. Any service of a military character and, in countries
where conscientious objection is recognized, any national
service required by law of conscientious objectors;
iii. Any service exacted in cases of emergency or calamity
threatening the life or well-being of the community;
iv. Any work or service which forms part of normal civil
obligations.

Article 9

1.Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law.

2.Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.

3.Anyone arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release. It shall not be the
general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear for
trial, at any other stage of the judicial proceedings, and, should
occasion arise, for execution of the judgement.

4.Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order
that that court may decide without delay on the lawfulness of
his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.

Article 10

1.All persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity
of the human person.

2.a. Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and shall be
subject to separate treatment appropriate to their status as
unconvicted persons;b. Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication.

3.The penitentiary system shall comprise treatment of
prisoners the essential aim of which shall be their reformation
and social rehabilitation. Juvenile offenders shall be segregated
from adults and be accorded treatment appropriate to their age
and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation.

Article 12

1.Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and
freedom to choose his residence.

2.Everyone shall be free to leave any country, including his
own.

3.The above-mentioned rights shall not be subject to any
restrictions except those which are provided by law, are
necessary to protect national security, public order (ordre
public), public health or morals or the rights and freedoms of
others, and are consistent with the other rights recognized in
the present Covenant.

4.No one shall be arbitrarily deprived of the right to enter his
own country.

Article 13

An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a
decision reached in accordance with law and shall, except
where compelling reasons of national security otherwise
require, be allowed to submit the reasons against his expulsion
and to have his case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons
especially designated by the competent authority.

Article 14

1.All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his
rights and obligations in a suit at law, everyone shall be entitled
to a fair and public hearing by a competent, independent and
impartial tribunal established by law. The Press and the public
may be excluded from all or part of a trial for reasons of morals,
public order (ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion of
the court in special circumstances where publicity would
prejudice the interests of justice; but any judgement rendered
in a criminal case or in a suit at law shall be made public except
where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship
of children.

2.Everyone charged with a criminal offense shall have the
right to be presumed innocent until proven guilty according to
law.

3.In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees,
in full equality:

a. To be informed promptly and in detail in a language which
he understands of the nature and cause of the charge
against him;b. To have adequate time and facilities for the preparation of
his defense and to communicate with counsel of his own
choosing;c. To be tried without undue delay;d. To be tried in his presence, and to defend himself in person
or through legal assistance of his own choosing; to be
informed, if he does not have legal assistance, of this right;
and to have legal assistance assigned to him, in any case
where the interests of justice so require, and without pay-
ment by him in any such case if he does not have sufficient
means to pay for it;e. To examine, or have examined, the witnesses against him
and to obtain the attendance and examination of witnesses
on his behalf under the same conditions as witnesses
against him;f. To have the free assistance of an interpreter if he cannot
understand or speak the language used in court;g. Not to be compelled to testify against himself or to confess
guilt.

4.In the case of juvenile persons, the procedure shall be such
as will take account of their age and the desirability of promoting
their rehabilitation.

5.Everyone convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal
according to law.

6.When a person has by a final decision been convicted of a
criminal offense and when subsequently his conviction has
been reversed or he has been pardoned on the ground that a
new or newly discovered fact shows conclusively that there has
been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated
according to law, unless it is proved that the non-disclosure of
the unknown fact in time is wholly or partly attributable to him.

7.No one shall be liable to be tried or punished again for an
offense for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of
each country.

Article 15

1.No one shall be held guilty of any criminal offense on
account of any act or omission which did not constitute a
criminal offense, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed
than the one that was applicable at the time when the criminal
offense was committed.

If, subsequent to the commission of the offense, provision
is made by law for the imposition of a lighter penalty, the
offender shall benefit thereby.

2.Nothing in this article shall prejudice the trial and punishment
of any person for any act or omission which, at the time
when it was committed, was criminal according to the general
principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a
person before the law.

Article 17

1.No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to
unlawful attacks on his honour and reputation.

2.Everyone has the right to the protection of the law against
such interference or attacks.

Article 18

1.Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or
private, to manifest his religion or belief in worship, observance,
practice and teaching.

2.No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.

3.Freedom to manifest one's religion or beliefs may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or
the fundamental rights and freedoms of others.

4.The States Parties to the present Covenant undertake to
have respect for the liberty of parents and, when applicable,
legal guardians to ensure the religious and moral education of
their children in conformity with their own convictions.

Article 19

1.Everyone shall have the right to hold opinions without
interference.

2.Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other
media of his choice.

3.The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary:

a. For respect of the rights or reputations of others;
b. For the protection of national security or of public order
(ordre public), or of public health or morals.

2.Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No
restrictions maybe placed on the exercise of this right other
than those imposed in conformity with the law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the
rights and freedoms of others.

Article 22

1.Everyone shall have the right to freedom of association with
others, including the right to form and join trade unions for the
protection of his interests.

2.No restrictions may be placed on the exercise of this right
other than those which are prescribed by law and which are
necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the
imposition of lawful restrictions on members of the armed
forces and of the police in their exercise of this right.

3.Nothing in this article shall authorize States Parties to the
International Labour Organization Convention of 1948 concerning
Freedom of Association and Protection of the Right to
Organize to take legislative measures which would prejudice, or
to apply the law in such a manner as to prejudice, the guarantees
provided for in that Convention.

Article 23

1.The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

2.The right of men and women of marriageable age to marry
and to found a family shall be recognized.

3.No marriage shall be entered into without the free and full
consent of the intending spouses.

4.States Parties to the present Covenant shall take appropriate
steps to ensure equality of rights and responsibilities of spouses
as to marriage, during marriage and at its dissolution. In the
case of dissolution, provisions shall be made for the necessary
protection of any children.

Article 24

1.Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin,
property or birth, the right to such measures of protection as
are required by his status as a minor, on the part of his family,
society and the State.

2.Every child shall be registered immediately after birth and
shall have a name.

3.Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without
unreasonable restrictions:

a. To take part in the conduct of public affairs, directly or
through freely chosen representatives;b. To vote and to be elected at genuine periodic elections
which shall be by universal and equal suffrage and shall be
held by secret ballot, guaranteeing the free expression of the
will of the electors;c. To have access, on general terms of equality, to public
service in his country.

Article 26

All persons are equal before the law and are entitled without
any discrimination to the equal protection of the law. In this
respect, the law shall prohibit any discrimination and guarantee
to all persons equal and effective protection against discrimination
on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied
the right, in community with the other members of their group,
to enjoy their own culture, to profess and practice their own
religion, or to use their own language.

PART IV

Article 28

1.There shall be established a Human Rights Committee
(hereafter referred to in the present Covenant as the Committee).
It shall consist of eighteen members and shall carry out
the functions hereinafter provided.

2.The Committee shall be composed of nationals of the States
Parties to the present Covenant who shall be persons of high
moral character and recognized competence in the field of
human rights, consideration being given to the usefulness of
the participation of some persons having legal experience.

3.The members of the Committee shall be elected and shall
serve in their personal capacity.

Article 29

1.The members of the Committee shall be elected by secret
ballot from a list of persons possessing the qualifications
prescribed in article 28 and nominated for the purpose by the
States Parties to the present Covenant.

2.Each State Party to the present Covenant may nominate not
more than two persons. These persons shall be nationals of the
nominating State.

3.A person shall be eligible for renomination.

Article 30

1.The initial election shall be held no later than six months
after the date of the entry into force of the present Covenant.

2.At least four months before the date of each election to the
Committee, other than an election to fill a vacancy declared in
accordance with article 34, the Secretary-General of the United
Nations shall address a written invitation to the States Parties
to the present Covenant to submit their nominations for membership
of the Committee within three months.

3.The Secretary-General of the United Nations shall prepare a
list in alphabetical order of all the persons thus nominated, with
an indication of the States Parties which have nominated them,
and shall submit it to the States Parties to the present covenant
no later than one month before the date of each election.

4.Elections of the members of the Committee shall be held at
a meeting of the States Parties to the present Covenant
convened by the Secretary-General of the United Nations at the
Headquarters of the United Nations. At that meeting, for which
two-thirds of the States Parties to the present Covenant shall
constitute a quorum, the persons elected to the Committee
shall be those nominees who obtain the largest number of votes
and an absolute majority of the votes of the representatives of
States Parties present and voting.

Article 31

1.The Committee may not include more than one national of
the same State.

2.In the election of the Committee, consideration shall be
given to equitable geographical distribution of membership and
to the representation of the different forms of civilization and of
the principle legal systems.

Article 32

1.The members of the Committee shall be elected for a term
of four years. They shall be eligible for re-election if
renominated. However, the terms of nine of the members
elected at the first election shall expire at the end of two years;
immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting
referred to in article 30, paragraph 4.

2.Elections at the expiry of office shall be held in accordance
with the preceding articles of this part of the present Covenant.

Article 33

1.If, in the unanimous opinion of the other members, a
member of the Committee has ceased to carry out his functions
for any cause other than absence of a temporary character, the
Chairman of the Committee shall notify the Secretary-General
of the United Nations, who shall then declare the seat of that
member to be vacant.

2.In the event of the death or the resignation of a member of
the Committee, the Chairman shall immediately notify the
Secretary-General of the United Nations, who shall declare the
seat vacant from the date of death or the date on which the
resignation takes effect.

Article 34

1.When a vacancy is declared in accordance with article 33
and if the term of office of the member to be replaced does not
expire within six months of the declaration of the vacancy, the
Secretary-General of the United Nations shall notify each of the
States Parties to the present Covenant, which may within two
months submit nominations in accordance with article 29 for
the purpose of filling the vacancy.

2.The Secretary-General of the United Nations shall prepare a
list in alphabetical order of the persons thus nominated and
shall submit it to the States Parties to the present Covenant.
The election to fill the vacancy shall then take place in
accordance with the relevant provisions of this part of the
present Covenant.

3.A member of the Committee elected to fill a vacancy
declared in accordance with article 33 shall hold office for the
remainder of the term of the member who vacated the seat on
the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the
General Assembly of the United Nations, receive emoluments
from United Nations resources on such terms and conditions as
the General Assembly may decide,having regard to the importance
of the Committee's responsibilities.

Article 36

The Secretary General of the United Nations shall provide the
necessary staff and facilities for the effective performance of
the functions of the Committee under the present Covenant.

Article 37

1.The Secretary-General of the United Nations shall convene
the initial meeting of the Committee at the Headquarters of the
United Nations.

2.After its initial meeting, the Committee shall meet at such
times as shall be provided in its rules of procedure.

3.The Committee shall normally meet at the Headquarters of
the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his
duties, make a solemn declaration in open committee that he
will perform his functions impartially and conscientiously.

Article 39

1.The Committee shall elect its officers for a term of two
years. They may be re-elected.

a. Twelve members shall constitute a quorum;b. Decisions of the Committee shall be made by a majority vote
of the members present.

Article 40

1.The States Parties to the present Covenant undertake to
submit reports on the measures they have adopted which
give effect to the rights recognized herein and on the progress
made in the enjoyment of those rights:

a. Within one year of the entry into force of the present
Covenant for the States Parties concerned;b.Thereafter whenever the Committee so requests.

2.All reports shall be submitted to the Secretary-General of the
United Nations, who shall transmit them to the Committee for
consideration. Reports shall indicate the factors and difficulties,
if any, affecting the implementation of the present Covenant.

3.The Secretary-General of the United Nations may, after
consultation with the committee, transmit to the specialized
agencies concerned copies of such parts of the reports as may
fall within their field of competence.

4.The Committee shall study the reports submitted by the
States Parties to the present Covenant. It shall transmit its
reports, and such general comments as it may consider
appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments
along with the copies of the reports it has received from States
Parties to the present Covenant.

5.The States Parties to the present Covenant may submit to
the Committee observations on any comments that may be
made in accordance with paragraph 4 of this article.

Article 41

1.A State Party to the present Covenant may at any time
declare under this article that it recognizes the competence of
the Committee to receive and consider communications to the
effect that a State Party claims that another State Party is not
fulfilling its obligations under the present Covenant. Communications
under this article may be received and considered only
if submitted by a State Party which has made a declaration
recognizing in regard to itself the competence of the Committee.
No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with
in accordance with the following procedure:

a. If a State Party to the present Covenant considers that
another State Party is not giving effect to the provisions of
the present Covenant, it may, by written communication,
bring the matter to the attention of that State Party. Within
three months after the receipt of the communication, the
receiving State shall afford the State which sent the communication
an explanation or any other statement in writing
clarifying the matter, which should include, to the extent
possible and pertinent, reference to domestic procedures
and remedies taken, pending, or available in the matter.b. If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt
by the receiving State of the initial communication, either
State shall have the right to refer the matter to the Committee,
by notice given to the Committee and to the other State.c. The Committee shall deal with the matter referred to it only
after it has ascertained that all available domestic remedies
have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international
law. This shall not be the rule where the application of the
remedies is unreasonably prolonged.d. The Committee shall hold closed meetings when examining
communications under this article.e. Subject to the provisions of sub-paragraph c., the
Committee shall make available its good offices to the States Parties
concerned with a view to a friendly solution of the matter on
the basis of respect for human rights and fundamental freedoms
as recognized in the present Covenant.f. In any matter referred to it, the Committee may call upon
the States Parties concerned, referred to in sub-paragraph
b., to supply any relevant information.g. The States Parties concerned, referred to in sub-paragraph
b., shall have the right to be represented when the matter
is being considered in the Committee and to make submissions orally and/or in writing.h. The Committee shall, within twelve months after the date of
receipt of notice under sub-paragraph b., submit a report:
i. If a solution within the terms of sub-paragraph e. is
reached, the Committee shall confine its report to a brief
statement of the facts and of the solution reached;
ii. If a solution within the terms of sub-paragraph e. is not
reached, the Committee shall confine its report to a brief
statement of the facts; the written submissions and record
of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the
report shall be communicated to the States Parties concerned.

2.The provisions of this article shall come into force when ten
States Parties to the present Covenant have made declarations
under paragraph 1 of this article. Such declarations shall be
deposited by the States Parties with the Secretary-General of
the United Nations, who shall transmit copies thereof to the
other States Parties. A declaration may be withdrawn at any
time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which
is the subject of a communication already transmitted under
this article; no further communication by any State Party shall
be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the
State Party concerned had made a new declaration.

Article 42

1.a. If a matter referred to the Committee in accordance with
article 41 is not resolved to the satisfaction of the States
Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made
available to the States Parties concerned with a view to an
amicable solution of the matter on the basis of respect for
the present Covenant;b. The Commission shall consist of five persons acceptable to
the States Parties concerned. If the States Parties concerned
fail to reach agreement within three months on all or part of
the composition of the Commission, the members of the
Commission concerning whom no agreement has been
reached shall be elected by secret ballot by a two-thirds
majority vote of the Committee from among its members.

2.The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties
concerned, or of a State not party to the present Covenant, or
of a State Party which has not made a declaration under article 41.

3.The Commission shall elect its own Chairman and adopt its
own rules of procedure.

4.The meetings of the Commission shall normally be held at
the Headquarters of the United Nations or at the United Nations
Office at Geneva. However, they may be held at such other
convenient places as the Commission may determine in consultation
with the Secretary-General of the United Nations and the
States Parties concerned.

5.The secretariat provided in accordance with article 36 shall
also service the commissions appointed under the article.

6.The information received and collated by the Committee
shall be made available to the Commission and the Commission
may call upon the States Parties concerned to supply any other
relevant information.

7.When the Commission has fully considered the matter, but
in any event not later than twelve months after having been
seized of the matter, it shall submit to the Chairman of the
Committee a report for communication to the States Parties
concerned:

a. If the Commission is unable to complete its consideration of
the matter within twelve months, it shall confine its report
to a brief statement of the status of its consideration of the
matter;b. If an amicable solution to the matter on the basis of respect
for human rights as recognized in the present Covenant is
reached, the Commission shall confine its report to a brief
statement of the facts and of the solution reached;c. If a solution within the terms of sub-paragraph b. is not
reached, the Commission's report shall embody its finding
on all questions of fact relevant to the issues between the
States Parties concerned, and its views on the possibilities
of an amicable solution of the matter. This report shall also
contain the written submissions and a record of the oral
submissions made by the States Parties concerned;d.If the Commission's report is submitted under sub-paragraph
c., the States Parties concerned shall, within three months
of the receipt of the report, notify the Chairman of the
Committee whether or not they accept the contents of the
report of the Commission.

8.The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.

9.The States Parties concerned shall share equally all the
expenses of the members of the Commission in accordance
with estimates to be provided by the Secretary-General of the
United Nations.

10. The Secretary-General of the United Nations shall be
empowered to pay the expenses of the members of the
Commission, if necessary, before reimbursement by the States
Parties concerned, in accordance with paragraph 9 of this
article.

Article 43

The members of the Committee, and of the ad hoc conciliation
commissions, which may be appointed under article 42, shall be
entitled to the facilities, privileges and immunities of experts on
mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the
United Nations.

Article 44

The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in the
field of human rights by or under the constituent instruments
and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the
present Covenant from having recourse to other procedures for
settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the
United Nations, through the Economic and Social Council, an
annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations
and of the constitutions of the specialized agencies which
define the respective responsibilities of the various organs of
the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as
impairing the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth and resources.

PART VI

Article 48

1.The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the
International Court of Justice, and by any other State which
has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.

2.The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General of
the United Nations.

3.The present Covenant shall be open to accession by any
State referred to in paragraph 1 of this article.

4.Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.

5.The Secretary-General of the United Nations shall inform all
States which have signed this Covenant or acceded to it of the
deposit of each instrument of ratification or accession.

Article 49

1.The present Covenant shall enter into force three months
after the date of the deposit with the Secretary-General of the
United Nations of the thirty-fifth instrument of ratification or
instrument of accession.

2.For each State ratifying the present Covenant or acceding to
it after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into
force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts
of federal States without any limitations or exceptions.

Article 51

1.Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the
States Parties to the present Covenant with a request that they
notify him whether they favour a conference of States Parties
for the purpose of considering and voting upon the proposals.
In the event that at least one third of the States Parties favours
such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any
amendment adopted by a majority of the States Parties present
and voting at the conference shall be submitted to the General
Assembly of the United Nations for approval.

2.Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the
present Covenant in accordance with their respective constitutional processes.

3.When amendments come into force, they shall be binding on
those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present
Covenant and any earlier amendment which they have
accepted.

Article 52

Irrespective of the notifications made under article 48, paragraph 5,
the Secretary-General of the United Nations shall
inform all States referred to in paragraph 1 of the same article
of the following particulars:

a. Signatures, ratifications and accessions under article 48;b. The date of the entry into force of the present Covenant
under article 49 and the date of the entry into force of any
amendments under article 51.

Article 53

1.The present Covenant, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall
be deposited in the archives of the United Nations.

2.The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred to
in article 48.

MEXICOInterpretive statements:
Article 9, paragraph 5
"Under the Political Constitution of the United Mexican States
and the relevant implementing legislation, every individual enjoys
the guarantees relating to penal matters embodied therein, and
consequently no person may be unlawfully arrested or de-tained.
However, if by reason of false accusation or complaint any individual
suffers an infringement of this basic right, he has, inter alia, under
the provisions of the appropriate laws, an enforceable right to just
compensation.Article 18
"Under the Political Constitution of the United Mexican States,
every person is free to profess his preferred religious belief and to
practice its ceremonies, rites and religious acts, with the limitation,
with regard to public religious acts, that they must be performed in
places of worship, and, with regard to education, that studies carried
out in establishments designed for the professional education of
ministers of religion are not officially recognized. The government
of Mexico believes that these limitations are included among those
established in paragraph 3 of this article.Reservations:
Article 13
"The Government of Mexico makes a reservation to this article,
in view of the present text of article 33 of the Political Constitution
of the United Mexican States.Article 25, subparagraph (b)
"The Government of Mexico also makes a reservation to this
provision, since article 130 of the Political constitution of the United
Mexican States provides that ministers of religion shall have neither
an active nor a passive vote, nor the right to form associations for
political purposes."

UNITED STATES OF AMERICAReservations:
"(1) That article 20 does not authorize or require legislation or other
action by the United States that would restrict the right of free speech
and association protected by the Constitution and laws of the United
States.
"(2) That the United States reserves the right, subject to its
Constitutional constraints, to impose capital punishment on any
person (other than a pregnant woman) duly convicted under existing
or future laws permitting the imposition of capital punishment,
including such punishment for crimes committed by persons below
eighteen years of age.
"(3) That the United States considers itself bound by article 7 to the
extent that 'cruel, inhuman or degrading treatment or punishment'
means the cruel and unusual treatment or punishment prohibited by
the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution
of the United States.
"(4) That because U.S. law generally applies to an offender the
penalty in force at the time the offense was committed, the United
States does not adhere to the third clause of paragraph 1 of article
15.
"(5) That the policy and practice of the United States are generally
in compliance with and supportive of the Covenant's provisions
regarding treatment of juveniles in the criminal justice system.
Nevertheless, the United States reserves the right, in exceptional
circumstances, to treat juveniles as adults, notwithstanding
paragraphs 2(b) and 3 of article 10 and paragraph 4 of article 14.
The United States further reserves to these provisions with respect to
States with respect to individuals who volunteer for military service
prior to age 18."Understandings:
"(1) That the Constitution and laws of the United States guarantee all
persons equal protection of the law and provide extensive protections
against discrimination. The United States understands distinctions
base upon race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or an other status -
as those terms are used in article 2, paragraph 1 and article 26 - to
be permitted when such distinctions are, at minimum, rationally
related to a legitimate governmental objective. The United States fur-
ther understands the prohibition in paragraph 1 of article 4 upon
discrimination, in time of public emergency, based 'solely' on the
status of race, colour, sex, language, religion or social origin, not to
bar distinctions that may have a disproportionate effect upon persons
of a particular status.
"(2) That the United States understands the right to compensation
referred to in articles 9 (5) and 14 (6) to require the provision of
effective and enforceable mechanisms by which a victim of an
unlawful arrest or detention or a miscarriage of justice may seek and,
where justified, obtain compensation from either the responsible
individual or the appropriate governmental entity. Entitlement to
compensation may be subject to the reasonable requirements of
domestic law.
"(3) That the United States understands the reference to 'exceptional
circumstances' in paragraph 2 (a) of article 10 to permit the
imprisonment of an accused person with convicted persons where
appropriate in light of an individual's overall dangerousness, and to
permit accused persons to waive their right to segregation from
convicted persons. The United States further understands that
paragraph 3 of article 10 does not diminish the goals of punishment,
deterrence, and incapacitation as additional legitimate purposes for
a penitentiary system.
"(4) That the United States understands that subparagraphs 3(b) and
(d) of article 14 do not require the provision of a criminal
defendant's counsel of choice when the defendant is provided with
court-appointed counsel on grounds of indigence, when the defendant
is finally able to retain alternative counsel, or when imprisonment is
not imposed. The United States further understands that paragraph 3
(e) does not prohibit a requirement that the defendant make a
showing that any witness whose attendance he seeks to compel is
necessary for his defense. The United States understands the
prohibition upon double jeopardy in paragraph 7 to apply only when
the judgement of acquittal has been rendered by a court of the same
government unit, whether the Federal Government or a constituent
unit, as is seeking a new trial for the same cause.
"(5) That the United States understands that this Covenant shall be
implemented by the Federal Government to the extent that it
exercises legislative and judicial jurisdiction over the matters covered
therein, and otherwise by the state and local governments; to the
extent that state and local governments exercise jurisdiction over such
matters, the Federal Government shall take measures appropriate to
the Federal system to the end that the competent authorities of the
state or local governments may take appropriate measures for the
fulfilment of the Covenant."Declarations:
"(1) That the United States declares that the provisions of articles 1
through 27 of the Covenant are not self-executing.
"(2) That it is the view of the United States that States Party to the
Covenant should wherever possible refrain from imposing any
restrictions or limitations on the exercise of the rights recognized and
protected by the Covenant, even when such restrictions and
limitations are permissible under the terms of the Covenant. For the
United States, article 5, paragraph 2, which provides that
fundamental human rights existing in any State Party may not be
diminished on the pretext that the Covenant recognizes them to a
lesser extent, has particular relevance to article 19, paragraph 3
which would permit certain restrictions on the freedom of expression.
The United States declares that it will continue to adhere to the
requirements and constraints of its Constitution in respect to all such
restrictions and limitations.
"(3) That the United States declares that the right referred to in
article 47 may be exercised only in accordance with international
law."

Editor's note: objections to specific reservations, understandings and
declarations made by the United States, were raised by Belgium,
Denmark, Finland, France, Germany, Italy, Netherlands, Norway,
Portugal, Spain, Sweden. In general, these note derogation by the
United States from articles 6 and 7.

Footnote4Current North American status:
CANADA
29 October 1979: "The Government of Canada declares, under article
41 of the International Covenant on Civil and Political Rights, that
it recognizes the competence of the Human Rights Committee
referred to in article 28 of the said Covenant to receive and consider
communications submitted by another State Party, provided that such
State Party has, not less than twelve months prior to the submission
by it of a communication relating to Canada, made a declaration
under article 41 recognizing the competence of the Committee to
receive and consider communications relating to itself."

UNITED STATES OF AMERICA
"The United States declares that it accepts the competence of the
Human Rights Committee to receive and consider communications
under article 41 in which a State Party claims that another State Party
is not fulfilling its obligations under the Covenant."

The Optional Protocol to the International Covenant on Civil and
Political Rights was adopted by the General Assembly of the
United Nations on December 16, 1966, became effective March
23, 1976. 26 countries signed the First Option Protocol. As of
March 18, 1996, 87 countries are currently parties through
signing and ratification, or accession or succession.

OPTIONAL PROTOCOL TO THE INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS

THE STATES PARTIES TO THE PRESENT PROTOCOL,

CONSIDERING that in order further to achieve the purposes of the
Covenant on Civil and Political Rights (hereinafter referred to as
the Covenant) and the implementation of its provisions it would
be appropriate to enable the Human Rights Committee set up
in Part IV of the Covenant (hereinafter referred to as the Committee)
to receive and consider, as provided in the present
Protocol, communications from individuals claiming to be
victims of violations of any of the rights set forth in the
Covenant,

HAVE AGREED as follows:

Article 1

A State Party to the Covenant that becomes a party to the
present Protocol recognizes the competence of the Committee
to receive and consider communications from individuals
subject to its jurisdiction who claim to be victims of a violation
by that State Party of any of the rights set forth in the Covenant.
No communication shall be received by the Committee if it
concerns a State Party to the Covenant which is not a party to
the present Protocol.

Article 2

Subject to the provisions of article 1, individuals who claim that
any of their rights enumerated in the Covenant have been
violated and who have exhausted all available domestic
remedies may submit a written communication to the Committee
for consideration.

Article 3

The Committee shall consider inadmissible any communication
under the present Protocol which is anonymous, or which it
considers to be an abuse of the rights of submissions of such
communications or to be incompatible with the provisions of
the Covenant.

Article 4

1.Subject to the provisions of article 3, the Committee shall
bring any communications submitted to it under the present
Protocol to the attention of the State Party to the present
Protocol alleged to be violating any provisions of the Covenant.

2.Within six months, the receiving State shall submit to the
Committee written explanations or statements clarifying the
matter and the remedy, if any, that may have been taken by
that State.

Article 5

1.The Committee shall consider communications received
under the present Protocol in the light of all written information
made available to it by the individual and by the State Party
concerned.

2.The Committee shall not consider any communication from
an individual unless it has ascertained that:

a. The same matter is not being examined under another
procedure of international investigation or settlement;
b. The individual has exhausted all available domestic remedies. This shall not be the rule where the application of the
remedies is unreasonably prolonged.

4.The Committee shall forward its views to the State Party
concerned and to the individual.

Article 6

The Committee shall include in its annual report under article 45
of the Covenant a summary of its activities under the present
Protocol.

Article 7

Pending the achievement of the objectives of resolution 1514
(XV) adopted by the General Assembly of the United Nations on
14 December 1960 concerning the Declaration on the Granting
of Independence to Colonial Countries and Peoples, the
provisions of the present Protocol shall in no way limit the right
of petition granted to these peoples by the Charter of the
United Nations and other international conventions and instruments under
the United Nations and its specialized agencies.

Article 8

1.The present Protocol is open for signature by any State
which has signed the Covenant.

2.The present Protocol is subject to ratification by any State
which has ratified or acceded to the Covenant. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.

3.The present Protocol shall be open to accession by any state
which has ratified or acceded to the Covenant.

4.Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.

5.The Secretary-General of the United Nations shall inform all
States which have signed the present Protocol or acceded to it
of the deposit of each instrument of ratification or accession.

Article 9

1.Subject to the entry into force of the Covenant, the present
Protocol shall enter into force three months after the date of the
deposit with the Secretary-General of the United Nations of the
tenth instrument of ratification or instrument of accession.

2.For each State ratifying the present Protocol or acceding to
it after the deposit of the tenth instrument of ratification or
instrument of accession, the present Protocol shall enter into
force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.

Article 10

The provisions of the present Protocol shall extend to all parts
of federal States without any limitations or exceptions.

Article 11

1.Any State Party to the present Protocol may propose an
amendment and file it with the Secretary-General of the United
Nations. The Secretary-General shall thereupon communicate
any proposed amendments to the States Parties to the present
Protocol with a request that they notify him whether they
favour a conference of States Parties for the purpose of
considering and voting upon the proposal. In the event that at
least one third of the States Parties favours such a conference,
the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a
majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United
Nations for approval.

2.Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and
accepted by a two-thirds majority of the States Parties to the
present Protocol in accordance with their respective constitutional processes.

3.When amendments come into force, they shall be binding on
those States Parties which have accepted them, other States
Parties still being bound by the provisions of the present
Protocol and any earlier amendment which they have accepted.

Article 12

1.Any State Party may denounce the present Protocol at any
time by written notification addressed to the Secretary-General
of the United Nations. Denunciation shall take effect three
months after the date of receipt of the notification by the
Secretary-General.

2.Denunciation shall be without prejudice to the continued
application of the provisions of the present Protocol to any
communication submitted under article 2 before the effective
date of denunciation.

Article 13

Irrespective of the notifications made under article 8, paragraph
5, of the present Protocol, the Secretary-General of the United
Nations shall inform all States referred to in article 48, paragraph 1, of the Covenant of the following particulars:

a. Signatures, ratifications and accessions under article 8;b. The date of the entry into force of any amendments under
article 11;c. Denunciations under article 12.

Article 14

1.The present Protocol, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.

2.The Secretary-General of the United Nations shall transmit
certified copies of the present Protocol to all States referred to
in article 48 of the Covenant.

Footnote5Current North American Status: Canada, accession 19 May 1976.

The Second Optional Protocol to the International Covenant on
Civil and Political Rights, Aiming at the Abolition of the Death
Penalty, was adopted by resolution 44/128, 15 December
1989, of the United Nations General Assembly, the Protocol is
currently open for signature. 21 countries have signed the
Second Optional Protocol. As of March 18, 1996, 29 countries
are currently parties through signing and ratification, or
accession.

BELIEVING that abolition of the death penalty contributes to
enhancement of human dignity and progressive development of
human rights,

RECALLING article 3 of the Universal Declaration of Human Rights
adopted on 10 December 1948 and article 6 of the International
Covenant on Civil and Political Rights adopted on 16 December
1966,

NOTING that article 6 of the International Covenant on Civil and
Political Rights refers to abolition of the death penalty in terms
that strongly suggest that abolition is desirable,

CONVINCED that all measures of abolition of the death penalty
should be considered as progress in the enjoyment of the right
to life,

DESIROUS to undertake hereby an international commitment to
abolish the death penalty,

HAVE AGREED as follows:

Article 1

1.No one within the jurisdiction of a State Party to the present
Protocol shall be executed.

2.Each State Party shall take all necessary measures to abolish
the death penalty within its jurisdiction.

Article 2

1.No reservation is admissible to the present Protocol, except
for a reservation made at the time of ratification or accession
that provides for the application of the death penalty in time of
war pursuant to a conviction for a most serious crime of
military nature committed during wartime.

2.The State Party making such a reservation shall at the time
of ratification or accession communicate to the Secretary-General
of the United Nations the relevant provisions of its
national legislation applicable during wartime.

3.The State Party having made such a reservation shall notify
the Secretary-General of the United Nations of any beginning or
ending of a state of war applicable to its territory.

Article 3

The States Parties to the present Protocol shall include in the
reports they submit to the Human Rights Committee, in
accordance with article 40 of the Covenant, information on the
measures that they have adopted to give effect to the present
Protocol.

Article 4

With respect to the States Parties to the Covenant that have
made a declaration under article 41, the competence of the
Human Rights Committee to receive and consider communications
when a State Party claims that another State Party is
not fulfilling its obligations shall extend to the provisions of the
present Protocol, unless the State Party concerned has made a
statement to the contrary at the moment of ratification or
accession.

Article 5

With respect to the State Parties to the first Optional Protocol
to the International Covenant on Civil and Political Rights
adopted on 16 December 1966, the competence of the Human
Rights Committee to receive and consider communications from
individuals subject to its jurisdiction shall extend to the provisions
of the present Protocol, unless the State Party concerned
has made a statement to the contrary at the moment of
ratification or accession.

Article 6

1.The provisions of the present Protocol shall apply as
additional provisions to the Covenant.

2.Without prejudice to the possibility of a reservation under
article 2 of the present Protocol, the right guaranteed in article
1, paragraph 1, of the present Protocol shall not be subject to
any derogation under article 4 of the Covenant.

Article 7

1.The present Protocol is open for signature by any State that
has signed the Covenant.

2.The present Protocol is subject to ratification by any State
that has ratified the Covenant or acceded to it. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.

3.The present Protocol shall be open to accession by any
State that has ratified the Covenant or acceded to it.

4.Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.

5.The Secretary-General of the United Nations shall inform all
States that have signed the present Protocol or acceded to it of
the deposit of each instrument of ratification or accession.

Article 8

1.The present Protocol shall enter into force three months
after the date of the deposit with the Secretary-General of the
United Nations of the tenth instrument of ratification or
accession.

2.For each State ratifying the present Protocol or acceding to
it after the deposit of the tenth instrument of ratification or
accession, the present Protocol shall enter into force three
months after the date of the deposit of its own instrument of
ratification or accession.

Article 9

The provisions of the present Protocol shall extend to all parts
of federal States without any limitations or exceptions.

Article 10

The Secretary-General of the United Nations shall inform all
States referred to in article 48, paragraph 1, of the Covenant of
the following particulars:

a. Reservations, communications and notifications under article
2 of the present Protocol;b. Statements made under articles 4 or 5 of the present
Protocol;c. Signatures, ratifications and accessions under article 7 of
the present Protocol;d. The date of the entry into force of the present Protocol
under article 8 thereof.

Article 11

1.The present Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall
be deposited in the archives of the United Nations.

2.The Secretary-General of the United Nations shall transmit
certified copies of the present Protocol to all States referred to
in article 48 of the Covenant.

******************************

Editor's note:
Reservations were made by Spain and Malta, to article 2, in times of
war.

The Convention Relating to the Status of Refugees was adopted by the
United Nations Conference of Plenipotentiaries on the Status of
Refugees and Stateless Persons, and signed at Geneva on July 28, 1951,
this Convention was registered and entered into force April 22, 1954.
20 countries originally signed the Convention. As of March 18, 1996,
127 countries are participants through signing and ratification, or
accession or succession.

CONSIDERING that the Charter of the United Nations and the
Universal Declaration of Human rights approved on 10 Decem-
ber 1948 by the General Assembly have affirmed the principle
that human beings shall enjoy fundamental rights and freedoms
without discrimination,

CONSIDERING that the United Nations has, on various occasions,
manifested its profound concern for refugees and endeavoured
to assure refugees the widest possible exercise of these
fundamental rights and freedoms,

CONSIDERING that it is desirable to revise and consolidate
previous international agreements relating to the status of
refugees and to extend the scope of and the protection
accorded by such instruments by means of a new agreement,

CONSIDERING that the grant of asylum may place unduly heavy
burdens on certain countries, and that a satisfactory solution of
a problem of which the United Nations has recognized the
international scope and nature cannot therefore be achieved
without international cooperation,

EXPRESSING the wish that all States, recognizing the social and
humanitarian nature of the problem of refugees, will do
everything within their power to prevent this problem from
becoming a cause of tension between States,

NOTING that the United Nations High Commissioner for Refugees
is charged with the task of supervising international conven-
tions providing for the protection of refugees, and recognizing
that the effective coordination of measures taken to deal with
this problem will depend upon the cooperation of States with
the High commission,

HAVE AGREED AS FOLLOWS:

CHAPTER I
GENERAL PROVISIONS

Article 1. Definition of the term "refugee"

A. For the purposes of the present Convention, the term
"refugee" shall apply to any person who:

(1) Has been considered a refugee under the Arrangements
of 12 May 1926 and 30 June 1928 or under the Conventions
of 28 October 1933 and 10 February 1938, the Protocol of 14
September 1939 or the Constitution of the International
Refugee Organization;

Decisions of non-eligibility taken by the International
Refugee Organization during the period of its activities shall not
prevent the status of refugee being accorded to persons who
fulfil the conditions of paragraph 2 of this section;

(2) As a result of events occurring before 1 January 1951
andowing to well-founded fear of being persecuted for reasons
of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his nationality
and is unable, or owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not having a
nationality and being outside the country of his former habitual
residence as a result of such events, is unable or, owing to
such fear, is unwilling to return to it.

In the case of a person who has more than one nationality,
the term "the country of his nationality" shall mean each of the
countries of which he is a national, and a person shall not be
deemed to be lacking the protection of the country of his
nationality if, without any valid reason based on well-founded
fear, he has not availed himself of the protection of one of the
countries of which he is a national.

B.(1) For the purposes of this Convention, the words "events
occurring before 1 January 1951" in Article 1, section a., shall
be understood to mean either (a) "events occurring in Europe
before 1 January 1951"; or (b) "events occurring in Europe or
elsewhere before 1 January 1951"; and each Contracting State
shall make a declaration at the time of signature, ratification or
accession, specifying which of these meanings it applies for the
purpose of its obligations under this Convention.

2. Any Contracting State which has adopted alternative (a)
may at any time extend its obligations by adopting alternative
(b) by means of a notification addressed to the Secretary-General of the United Nations.

C. This Convention shall cease to apply to any person falling
under the terms of section a. if:

1. He has voluntarily re-availed himself of the protection of
the country of his nationality; or

2. Having lost his nationality, he has voluntarily reacquired
it; or

3. He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or

4. He has voluntarily re-established himself in the country
which he left or outside which he remained owing to fear of
persecution; or

5. He can no longer, because the circumstances in connection with which he has been recognized as a refugee have
ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality;

Provided that this paragraph shall not apply to a refugee
falling under section a.I of this article who is able to invoke
compelling reasons arising out of previous persecution for
refusing to avail himself of the protection of the country of
nationality;

6. Being a person who has no nationality he is, because the
circumstances in connection with which he has been recognized as a refugee have ceased to exist, able to return to the
country of his former habitual residence;

Provided that this paragraph shall not apply to a refugee
falling under section a.I of this article who is able to invoke
compelling reasons arising out of previous persecution for
refusing to return to the country of his former habitual residence.

D. This Convention shall not apply to persons who are at
present receiving from organs or agencies of the United Nations
other than the United Nations High Commissioner for Refugees
protection or assistance.

When such protection or assistance has ceased for any
reason, without the position of such persons being definitively
settled in accordance with the relevant resolutions adopted by
the General Assembly of the United Nations, these persons
shall ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognized
by the competent authorities of the country in which he
has taken residence as having the rights and obligations which
are attached to the possession of the nationality of that
country.

F. The provisions of this Convention shall not apply to any
person with respect to whom there are serious reasons for
considering that:

a. He has committed a crime against peace, a war crime, or a
crime against humanity, as defined in the international
instruments drawn up to make provision in respect of such
crimes;b. He has committed a serious non-political crime outside the
country of refuge prior to his admission to that country as
a refugee;c. He has been guilty of acts contrary to the purposes and
principles of the United Nations.

Article 2. General obligations

Every refugee has duties to the country in which he finds
himself, which require in particular that he conform to its laws
and regulations as well as to measures taken for the mainten-
ance of public order.

Article 3. Non-discrimination

The Contracting States shall apply the provisions of this
Convention to refugees without discrimination as to race,
religion or country of origin.

Article 4. Religion

The Contracting States shall accord to refugees within their
territories treatment at least as favourable as that accorded to
their nationals with respect to freedom to practise their religion
and freedom as regards the religious education of their children.

Article 5. Rights granted apart from this Convention

Nothing in this Convention shall be deemed to impair any rights
and benefits granted by a Contracting State to refugees apart
from this Convention.

Article 6. The term "in the same circumstances"

For the purposes of this Convention, the term "in the same
circumstances" implies that any requirements (including
requirements as to length and conditions of sojourn or resi-
dence) which the particular individual would have to fulfil for
the enjoyment of the right in question, if he were not a refugee,
must be fulfilled by him, with the exception of requirements
which by their nature a refugee is incapable of fulfilling.

Article 7. Exemption from reciprocity

1.Except where this Convention contains more favourable
provisions, a Contracting State shall accord to refugees the
same treatment as it accorded to aliens generally.

2.After a period of three years' residence, all refugees shall
enjoy exemption from legislative reciprocity in the territory of
the Contracting States.

3.Each Contracting State shall continue to accord to refugees
the rights and benefits to which they were already entitled, in
the absence of reciprocity, at the date of entry into force of this
Convention for that State.

4.The Contracting States shall consider favourably the
possibility of according to refugees, in the absence of reci-
procity, rights and benefits beyond those to which they are
entitled according to paragraphs 2 and 3, and to extending
exemption from reciprocity to refugees who do not fulfil the
conditions provided for in paragraphs 2 and 3.

5.The provisions of paragraphs 2 and 3 apply both to the
rights and benefits referred to in articles 13, 18, 19, 21 and 22
of this Convention and to rights and benefits for which this
Convention does not provide.

Article 8. Exemption from exceptional measures

With regard to exceptional measures which may be taken
against the person, property or interests of nationals of a
foreign State, the Contracting States shall not apply such
measures to a refugee who is formally a national of the said
State solely on account of such nationality. Contracting States
which, under their legislation, are prevented from applying the
general principle expressed in this article, shall, in appropriate
cases, grant exemptions in favour of such refugees.

Article 9. Provisional measures

Nothing in this Convention shall prevent a Contracting State, in
time of war or other grave and exceptional circumstances, from
taking provisionally measures which it considers to be essential
to the national security in the case of a particular person,
pending a determination by the Contracting State that that
person is in fact a refugee and that the continuance of such
measures is necessary in his case in the interests of national
security.

Article 10. Continuity of residence

1.Where a refugee has been forcibly displaced during the
Second World War and removed to the territory of a Con-
tracting State, and is resident there, the period of such
enforced sojourn shall be considered to have been lawful
residence within that territory.

2.Where a refugee has been forcibly displaced during the
Second World War from the territory of a Contracting State and
has, prior to the date of entry into force of this Convention,
returned there for the purpose of taking up residence, the
period of residence before and after such enforced displacement
shall be regarded as one uninterrupted period for any purposes
for which uninterrupted residence is required.

Article 11. Refugee seamen

In the case of refugees regularly serving as crew members on
board a ship flying the flag of a Contracting State, that State
shall give sympathetic consideration to their establishment on
its territory and the issue of travel documents to them or their
temporary admission to its territory particularly with a view to
facilitating their establishment in another country.

CHAPTER II
JURIDICAL STATUS

Article 12. Personal status

1.The personal status of a refugee shall be governed by the
law of the country of his domicile or, if he has no domicile, by
the law of the country of his residence.

2.Rights previously acquired by a refugee and dependent on
personal status, more particularly rights attaching to marriage,
shall be respected by a Contracting State, subject to compli-
ance, if this be necessary, with the formalities required by the
law of that State, provided that the right in question is one
which would have been recognized by the law of that State had
he not become a refugee.

Article 13. Movable and immovable property

The Contracting States shall accord to a refugee treatment as
favourable as possible and, in any event, not less favourable
than that accorded to aliens generally in the same circum-
stances, as regards the acquisition of movable and immovable
property and other rights pertaining thereto, and to leases and
other contracts relating to movable and immovable property.

Article 14. Artistic rights and industrial property

In respect of the protection of industrial property, such as
inventions, designs or models, trade marks, trade names, and
of rights in literary, artistic and scientific works, a refugee shall
be accorded in the country in which he has his habitual
residence the same protection as is accorded to nationals of
that country. In the territory of any other Contracting States, he
shall be accorded the same protection as is accorded in that
territory to nationals of the country in which he has his habitual
residence.

Article 15. Right of association

As regards non-political and non-profit-making associations and
trade unions the Contracting States shall accord to refugees
lawfully staying in their territory the most favourable treatment
accorded to nations of a foreign country, in the same circumstances.

Article 16. Access to courts

1.A refugee shall have free access to the courts of law on the
territory of all Contracting States.

2.A refugee shall enjoy in the Contracting State in which he
has his habitual residence the same treatment as a national in
matters pertaining to access to the courts, including legal
assistance and exemption from cautio judicatum solvi.

3.A refugee shall be accorded in the matters referred to in
paragraph 2 in countries other than that in which he has his
habitual residence the treatment granted to a national of the
country of his habitual residence.

CHAPTER III
GAINFUL EMPLOYMENT

Article 17. Wage-earning employment

1.The Contracting States shall accord to refugees lawfully
staying in their territory the most favourable treatment accorded
to nationals of a foreign country in the same circumstances, as
regards the right to engage in wage-earning employment.

2.In any case, restrictive measures imposed on aliens or the
employment of aliens for the protection of the national labour
market shall not be applied to a refugee who was already
exempt from them at the date of entry into force of this
Convention for the Contracting State concerned, or who fulfils
one of the following conditions:

a. He has completed three years' residence in the country;b. He has a spouse possessing the nationality of the country
of residence. A refugee may not invoke the benefit of this
provision if he has abandoned his spouse.c. He has one or more children possessing the nationality of
the country of residence.

3.The Contracting States shall give sympathetic consideration
to assimilating the rights of all refugees with regard to wage-
earning employment to those of nationals, and in particular of
those refugees who have entered their territory pursuant to
programmes of labour recruitment or under immigration
schemes.

Article 18. Self-employment

The Contracting States shall accord to a refugee lawfully in
their territory treatment as favourable as possible and, in any
event, not less favourable than that accorded to aliens generally
in the same circumstances, as regards the right to engage on
his own account in agriculture, industry, handicrafts and com-
merce and to establish commercial and industrial companies.

Article 19. Liberal professions

1.Each contracting State shall accord to refugees lawfully
staying in their territory who hold diplomas recognized by the
competent authorities of that State, and who are desirous of
practising a liberal profession, treatment as favourable as
possible and in any event, not less favourable than that
accorded to aliens generally in the same circumstances.

2.The Contracting States shall use their best endeavours
consistently with their laws and constitutions to secure the
settlement of such refugees in the territories, other than the
metropolitan territory, for whose international relations they are
responsible.

CHAPTER IV
WELFARE

Article 20. Rationing

Where a rationing system exists, which applies to the popula-
tion at large and regulates the general distribution of products
in short supply, refugees shall be accorded the same treatment
as nationals.

Article 21. Housing

As regards housing, the Contracting States, in so far as the
matter is regulated by laws or regulations or is subject to the
control of public authorities, shall accord to refugees lawfully
staying in their territory treatment as favourable as possible
and, in any event, not less favourable than that accorded to
aliens generally in the same circumstances.

Article 22. Public education

1.The Contracting States shall accord to refugees the same
treatment as is accorded to nationals with respect to elemen-
tary education.

2.The Contracting States shall accord to refugees treatment
as favourable as possible, and, in any event, not less favourable
than that accorded to aliens generally in the same circum-
stances, with respect to education other than elementary
education and, in particular, as regards access to studies, the
recognition of foreign school certificates, diplomas and degrees,
the remission of fees and charges and the award of scholar-
ships.

Article 23. Public relief

The Contracting States shall accord to refugees lawfully staying
in their territory the same treatment with respect to public relief
and assistance as is accorded to their nationals.

Article 24. Labour legislation and social security

1.The Contracting States shall accord to refugees lawfully
staying in their territory the same treatment as is accorded to
nationals in respect of the following matters:

a. In so far as such matters are governed by laws or regulations or are subject to the control of administrative authorities: remuneration, including family allowances where these
form part of remuneration, hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age of employment, apprenticeship and training,
women's work and the work of young persons, and the
enjoyment of the benefits of collective bargaining;b. Social security (legal provisions in respect of employment
injury, occupational diseases, maternity, sickness, disability,
oldage, death, unemployment, family responsibilities and
any other contingency which, according to national laws or
regulations, is covered by a social security scheme), subject
to the following limitations:(i) There may be appropriate arrangements for the
maintenance of acquired rights and rights in course of
acquisition;(ii) National laws or regulations of the country of residence
may prescribe special arrangements concerning benefits or
portions of benefits which are payable wholly out of public
funds, and concerning allowances paid to persons who do
not fulfil the contribution conditions prescribed for the award
of a normal pension.

2.The right to compensation for the death of a refugee resulting
from employment injury or from occupational disease shall
not be affected by the fact that the residence of the beneficiary
is outside the territory of the Contracting State.

3.The Contracting States shall extend to refugees the benefits
of agreements concluded between them, or which may be con-
cluded between them in the future, concerning the maintenance
of acquired rights and rights in the process of acquisition in
regard to social security, subject only to the conditions which
apply to nationals of the States signatory to the agreements in
question.

4.The Contracting States will give sympathetic consideration
to extending to refugees so far as possible the benefits of
similar agreements which may at any time be in force between
such Contracting States and non-contracting States.

CHAPTER V
ADMINISTRATIVE MEASURES

Article 25. Administrative assistance

1.When the exercise of a right by a refugee would normally
require the assistance of authorities of a foreign country to
whom he cannot have recourse, the Contracting States in
whose territory he is residing shall arrange that such assistance
be afforded to him by their own authorities or by an interna-
tional authority.

2.The authority or authorities mentioned in paragraph 1 shall
deliver or cause to be delivered under their supervision to
refugees such documents or certifications as would normally be
delivered to aliens by or through their national authorities.

3.Documents or certificates so delivered shall stand in the
stead of the official instruments delivered to aliens by or
through their national authorities, and shall be given credence
in the absence of proof to the contrary.

4.Subject to such exceptional treatment as may be granted to
indigent persons, fees may be charged for the services
mentioned herein, but such fees shall be moderate and commensurate
with those charged to nationals for similar services.

5.The provisions of this article shall be without prejudice to
articles 27 and 28.

Article 26. Freedom of movement

Each Contracting State shall accord to refugees lawfully in its
territory the right to choose their place of residence and to
move freely within its territory subject to any regulations
applicable to aliens generally in the same circumstances.

Article 27. Identity papers

The Contracting States shall issue identity papers to any
refugee in their territory who does not possess a valid travel
document.

Article 28. Travel documents

1.The Contracting States shall issue to refugees lawfully
staying in their territory travel documents for the purpose of
travel outside their territory, unless compelling reasons of
national security or public order otherwise require, and the
provisions of the Schedule to this Convention shall apply with
respect to such documents. The Contracting States may issue
such a travel document to any other refugee in their territory;
they shall in particular give sympathetic consideration to the
issue of such a travel document to refugees in their territory
who are unable to obtain a travel document from the country
of their lawful residence.

2.Travel documents issued to refugees under previous interna-
tional agreements by Parties thereto shall be recognized and
treated by the Contracting States in the same way as if they
had been issued pursuant to this article.

Article 29. Fiscal charges

1.The Contracting States shall not impose upon refugees
duties, charges or taxes, of any description whatsoever, other
or higher than those which are or may be levied on their
nationals in similar situations.

2.Nothing in the above paragraph shall prevent the application
to refugees of the laws and regulations concerning charges in
respect of the issue to aliens of administrative documents
including identity papers.

Article 30. Transfer of assets

1.A Contracting State shall, in conformity with its laws and
regulations, permit refugees to transfer assets which they have
brought into its territory, to another country where they have
been admitted for the purposes of resettlement.

2.A Contracting State shall give sympathetic consideration to
the application of refugees for permission to transfer assets
wherever they may be and which are necessary for their
resettlement in another country to which they have been
admitted.

Article 31. Refugees unlawfully in the country of refuge

1.The Contracting States shall not impose penalties, on
account of their illegal entry or presence, on refugees who,
coming directly from a territory where their life or freedom was
threatened in the sense of article 1, enter or are present in their
territory without authorization, provided they present themselves
without delay to the authorities and show good cause
for their illegal entry or presence.

2.The Contracting States shall not apply to the movements of
such refugees restrictions other than those which are necessary
and such restrictions shall only be applied until their status in
the country is regularized or they obtain admission into another
country. The Contracting States shall allow such refugees a
reasonable period and all the necessary facilities to obtain
admission into another country.

Article 32. Expulsion

1.The Contracting States shall not expel a refugee lawfully in
their territory save on grounds of national security or public
order.

2.The expulsion of such a refugee shall be only in pursuance
of a decision reached in accordance with due process of law.
Except where compelling reasons of national security otherwise
require, the refugee shall be allowed to submit evidence to clear
himself, and to appeal to and be represented for the purpose
before competent authority or a person or persons specially
designated by the competent authority.

3.The Contracting States shall allow such a refugee a
reasonable period within which to seek legal admission into
another country. The Contracting States reserve the right to
apply during that period such internal measures as they may
deem necessary.

Article 33. Prohibition of expulsion or return ("refoulement")

1.No Contracting State shall expel or return ("refouler") a
refugee in any manner whatsoever to the frontiers of territories
where his life or freedom would be threatened on account of
his race, religion, nationality, membership of a particular social
group or political opinion.

2.The benefit of the present provision may not, however, be
claimed by a refugee whom there are reasonable grounds for
regarding as a danger to the security of the country in which he
is, or who, having been convicted by a final judgement of a
particularly serious crime, constitutes a danger to the community of that country.

Article 34, Naturalization

The Contracting States shall as far as possible facilitate the
assimilation and naturalization of refugees. They shall in
particular make every effort to expedite naturalization
proceedings and to reduce as far as possible the charges and costs
of such proceedings.

CHAPTER VI
EXECUTORY AND TRANSITORY PROVISIONS

Article 35. Cooperation of the national authorities with
the United Nations

1.The Contracting States undertake to cooperate with the
Office of the United Nations High Commissioner for Refugees,
or any other agency of the United Nations which may succeed
it, in the exercise of its functions, and shall in particular
facilitate its duty of supervising the application of the provisions
of this Convention.

2.In order to enable the Office of the High Commissioner or
any other agency of the United Nations which may succeed it,
to make reports to the competent organs of the United Nations,
the Contracting States undertake to provide them in the
appropriate form with information and statistical data requested
concerning:

a. The condition of refugees;b. The implementation of this Convention;c. Laws, regulations and decrees which are, or may hereafter
be, in force relating to refugees.

Article 36. Information on national legislation

The Contracting States shall communicate to the Secretary-General
of the United Nations the laws and regulations which
they may adopt to ensure the application of this Convention.

Article 37. Relation to previous conventions

Without prejudice to article 28, paragraph 2, of this Convention,
this Convention replaces, as between Parties to it, the
Arrangements of 5 July 1922, 31 May 1924, 12 May 1926, 30
June 1928 and 30 July 1935, the Conventions of 28 October
1933 and 10 February 1938, the Protocol of 14 September
1939 and the Agreement of 15 October 1946.

CHAPTER VII
FINAL CLAUSES

Article 38. Settlement of disputes and accession

Any dispute between Parties to this Convention relating to its
interpretation or application, which cannot be settled by other
means, shall be referred to the International Court of Justice at
the request of any one of the parties to the dispute.

Article 39. Signature, ratification and accession

1.This Convention shall be opened for signature at Geneva on
28 July 1951 and shall thereafter be deposited with the
Secretary-General of the United Nations. It shall be open for
signature at the European Office of the United Nations from 28
July to 31 August 1951 and shall be re-opened for signature at
the Headquarters of the United Nations from 17 September
1951 to 31 December 1952.

2.This Convention shall be open for signature on behalf of all
States Members of the United Nations, and also on behalf of
any other State invited to attend the Conference of Plenipotentiaries
on the Status of Refugees and Stateless Persons or
to which an invitation to sign will have been addressed by the
General Assembly. It shall be ratified and the instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.

3.This Convention shall be open from 28 July 1951 for
accession by the States referred to in paragraph 2 of this
article. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the
United Nations.

Article 40. Territorial application clause

1.Any State may, at the time of signature, ratification or
accession, declare that this Convention shall extend to all or
any of the territories for the international relations of which it
is responsible. Such a declaration shall take effect when the
Convention enters into force for the State concerned.

2.At any time thereafter any such extension shall be made by
notification addressed to the Secretary-General of the United
Nations and shall take effect as from the ninetieth day after the
day of receipt by the Secretary-General of the United Nations
of this notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.

3.With respect to those territories to which this Convention is
not extended at the time of signature, ratification or accession,
each State concerned shall consider the possibility of taking the
necessary steps in order to extend the application of this
Convention to such territories, subject, where necessary for
constitutional reasons, to the consent of the Governments of
such territories.

Article 41. Federal clause

In the case of a Federal or non-military State, the following
provisions shall apply:

a. With respect to those articles of this Convention that come
within the legislative jurisdiction of the federal legislative
authority, the obligations of the Federal Government shall to
this extent be the same as those of parties which are not
Federal States;b. With respect to those articles of this Convention that come
within the legislative jurisdiction of constituent States,
provinces or cantons which are not, under the constitutional
system of the Federation, bound to take legislative action,
the Federal Government shall bring such articles with a
favourable recommendation to the notice of the appropriate
authorities of States, provinces or cantons at the earliest
possible moment;c. A Federal State Party to this Convention shall, at the request
of any other Contracting State transmitted through the
Secretary-General of the United Nations, supply a statement
of the law and practice of the Federation and its constituent
units in regard to any particular provision of the Convention
showing the extent to which effect has been give to that
provision by legislative or other action.

Article 42. Reservations

1.At the time of signature, ratification or accession, any State
may make reservations to articles of the Convention other than
to articles 1, 3, 4, 16(1), 33, 36-46 inclusive.

2.Any State making a reservation in accordance with paragraph 1 of
this article may at any time withdraw the reservation
by a communication to that effect addressed to the Secretary-General
of the United Nations.

Article 43. Entry into force

1.This Convention shall come into force on the ninetieth day
following the day of deposit of the sixth instrument of
ratification or accession.

2.For each State ratifying or acceding to the Convention after
the deposit of the sixth instrument of ratification or accession,
the Convention shall enter into force on the ninetieth day
following the date of deposit by such State of its instrument of
ratification or accession.

Article 44. Denunciation

1.Any Contracting State may denounce this Convention at any
time by a notification addressed to the Secretary-General of the
United Nations.

2.Such denunciation shall take effect for the Contracting State
concerned one year from the date upon which it is received by
the Secretary-General of the United Nations.

3.Any State which has made a declaration or notification
under article 40 may, at any time thereafter, by a notification
to the Secretary-General of the United Nations, declare that the
Convention shall cease to extend to such territory one year
after the date of receipt of the notification by the Secretary-General.

Article 45. Revision

1.Any Contracting State may request revision of this Convention
at any time by a notification addressed to the Secretary-General
of the United Nations.

2.The General Assembly of the United Nations shall recommend the
steps, if any, to be taken in respect of such request.

Article 46. Notifications by the Secretary-General of the
United Nations

The Secretary-General of the United Nations shall inform all
Members of the United Nations and non-member States referred
to in article 39:

a. Of declarations and notifications in accordance with section
B of article 1;b. Of signatures, ratifications and accessions in accordance
with article 39;c. Of declarations and notifications in accordance with article
40;d. Of reservations and withdrawals in accordance with article
42;e. Of the date on which this Convention will come into force
in accordance with article 43;f. Of denunciations and notifications in accordance with article
44;g. Of requests for revision in accordance with article 45.

In faith whereof the undersigned, duly authorized, have signed
this Convention on behalf of their respective Governments.

Done at Geneva, this twenty-eighth day of July, one thousand
nine hundred and fifty-one, in a single copy, of which the
English and French texts are equally authentic and which shall
remain deposited in the archives of the United Nations, and
certified true copies of which shall be delivered to all Members
of the United Nations and to the non-member States referred to
in article 39.

Footnote6Current North American status: Canada, accession
4 Jun 1969.Declarations "other than those made under section B of article 1"
and Reservations
CANADAReservations to articles 23 and 24:
"Canada interprets the phrase 'lawfully staying' as referring only
to refugees admitted for permanent residence: refugees admitted for
temporary residence will be accorded the same treatment with respect
to the matters dealt with in articles 23 and 24 as is accorded visitors
generally."

The Protocol was taken note of with approval by the Economic and
Social Council in resolution 1186 (XLI) of 18 November 1966 and was
taken note of by the General Assembly in resolution 2198 (XXI) of 16
December 1966. In the same resolution the General Assembly requested
the Secretary-General to transmit the text of the Protocol to the States
mentioned in article V thereof, with a view to enabling them to accede
to the Protocol

ENTRY INTO FORCE: 4 October 1967, in accordance with article
VIII

THE STATES PARTIES to the present Protocol,

CONSIDERING that the Convention relating to the Status of
Refugees done at Geneva on 28 July 1951 (hereinafter referred
to as the Convention) covers only those persons who have
become refugees as a result of events occurring before 1
January 1951,

CONSIDERING that new refugee situations have arisen since the
Convention was adopted and that the refugees concerned may
therefore not fall within the scope of the Convention,

CONSIDERING that it is desirable that equal status should be
enjoyed by all refugees covered by the definition in the
Convention irrespective of the dateline 1 January 1951,

HAVE AGREED as follows:

Article 1. General provision

1.The States Parties to the present Protocol undertake to
apply articles 2 to 34 inclusive of the Convention to refugees
as hereinafter defined.

2.For the purpose of the present Protocol, the term "refugee"
shall, except as regards the application of paragraph 3 of this
article, mean any person within the definition of article 1 of the
Convention as if the words "As a result of events occurring
before 1 January 1951 and..." and the words "...as a result of
such events", in article 1 A (2) were omitted.

3.The present Protocol shall be applied by the States Parties
hereto without any geographical limitation, save that existing
declarations made by States already Parties to the Convention
in accordance with article 1 B (1) (a) of the Convention, shall,
unless extended under article 1 B (2) thereof, apply also under
the present Protocol.

Article II. Cooperation of the national authorities with the United
Nations

1.The States Parties to the present Protocol undertake to
cooperate with the office of the United Nations High
Commissioner for Refugees, or any other agency of the United
Nations which may succeed it, in the exercise of its functions,
and shall in particular facilitate its duty of supervising the
application of the provisions of the present Protocol.

2.In order to enable the Office of the High Commissioner or
any other agency of the United Nations which may succeed it,
to make reports to the competent organs of the United Nations,
the States Parties to the present Protocol undertake to provide
them with the information and statistical data requested, in the
appropriate form, concerning:

a. The condition of refugees;b. The implementation of the present Protocol;c. Laws, regulations and decrees which are, or may hereafter
be, in force relating to refugees.

Article III. Information on national legislation

The States Parties to the present Protocol shall communicate to
the Secretary-General of the United Nations the laws and
regulations which they may adopt to ensure the application of
the present Protocol.

Article IV. Settlement of disputes

Any dispute between States Parties to the present Protocol
which relates to its interpretation or application and which
cannot be settled by other means shall be referred to the
International Court of Justice at the request of any one of the
parties to the dispute.

Article V. Accession

The present Protocol shall be open for accession on behalf of
all States Parties to the Convention and of any other State
Member of the United Nations or member of any of the
specialized agencies or to which an invitation to accede may
have been addressed by the General Assembly of the United
Nations. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the
United Nations.

Article VI. Federal Clause

In the case of a Federal or non-unitary State, the following
provisions shall apply:

a. With respect to those articles of the Convention to be
applied in accordance with article I, paragraph 1, of the
present Protocol that come within the legislative jurisdiction
of the federal legislative authority, the obligations of the
Federal Government shall to this extent be the same as
those of States Parties which are not Federal States;b. With respect to those articles of the Convention to be
applied in accordance with article I, paragraph 1, of the
present Protocol that come within the legislative jurisdiction
of constituent States, provinces or cantons which are not,
under the constitutional system of the Federation, bound to
take legislative action, the Federal Government shall bring
such articles with a favourable recommendation to the
notice of the appropriate authorities of States, provinces or
cantons at the earliest possible moment;c. A Federal State Party to the present Protocol shall, at the
request of any other State Party hereto transmitted through
the Secretary-General of the United Nations supply a
statement of the law and practice of the Federation and its
constituent units in regard to any particular provision of the
Convention to be applied in accordance with article I, para-
graph 1, of the present Protocol, showing the extent to
which effect has been given to that provision by legislative
or other action.

Article VII. Reservations and declarations

1.At the time of accession, any State may make reservations
in respect of article IV of the present Protocol and in respect of
the application in accordance with article I of the present
Protocol of any provisions of the Convention other than those
contained in articles 1, 3, 4, 16 (1) and 33 thereof, provided
that in the case of a State Party to the Convention reservations
made under this article shall not extend to refugees in respect
of whom the Convention applies.

2.Reservations made by States Parties to the Convention in
accordance with article 42 thereof shall, unless withdrawn, be
applicable in relation to their obligations under the present
Protocol.

3.Any State making a reservation in accordance with paragraph 1
of this article may at any time withdraw such reservation by a
communication to that effect addressed to the
Secretary-General of the United Nations.

4.Declarations made under article 40, paragraphs 1 and 2, of
the Convention by a State Party thereto which accedes to the
present Protocol shall be deemed to apply in respect of the
present Protocol, unless upon accession a notification to the
contrary is addressed by the State Party concerned to the
Secretary-General of the United Nations. The provisions of
article 40, paragraphs 2 and 3, and of article 44, paragraph 3,
of the Convention shall be deemed to apply mutatis mutandis
to the present Protocol.

Article VIII. Entry into force

1.The present Protocol shall come into force on the day of
deposit of the sixth instrument of accession.

2.For each State acceding to the Protocol after the deposit of
the sixth instrument of accession, the Protocol shall come into
force on the date of deposit by such State of its instrument of
accession.

Article IX. Denunciation

1.Any State Party hereto may denounce this Protocol at any
time by a notification addressed to the Secretary-General of the
United Nations.

2.Such denunciation shall take effect for the State Party
concerned one year from the date on which it is received by the
Secretary-General of the United Nations.

Article X. Notifications by the Secretary-General of
the United Nations

The Secretary-General of the United Nations shall inform the
States referred to in article V above of the date of entry into
force, accessions, reservations and withdrawals of reservations
to and denunciations of the present Protocol, and of declarations and notifications relating hereto.

Article XI. Deposit in the archives of the Secretariat of
the United Nations

A copy of the present Protocol, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, signed
by the President of the General Assembly and by the Secretary-General
of the United Nations, shall be deposited in the archives
of the Secretariat of the United Nations. The Secretary-General
will transmit certified copies thereof to all State Members of the
United Nations and to the other States referred to in article V
above.

"With the following reservations in respect of the application, in
accordance with article I of the Protocol, of the Convention relating
to the Status of Refugees, done at New York on 28 July 1951:
"The United States of America construes Article 29 of the
Convention as applying only to refugees who are resident in the
United States and reserves the right to tax refugees who are not
residents of the United States in accordance with its general rules
relating to non-resident aliens,
"The United States of America accepts the obligations of
paragraph 1(b) of Article 24 of the Convention except insofar as that
paragraph may conflict in certain instances with any provisions of
title II (old age, survivors' and disability insurance) or title XVIII
(hospital and medical insurance for the aged) of the Social Security
Act. As to any such provision, the United States will accord to
refugees lawfully staying in its territory treatment no less favourable
than is accorded aliens generally in the same circumstances."

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